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Collins v. Fischer

United States District Court, S.D. New York

May 10, 2017

ROBERT A. COLLINS, Plaintiff,
v.
BRIAN FISCHER, Defendants.

          Robert A. Collins Stormville, NY Pro Se Plaintiff.

          Ben N. Kuruvilla, Esq., Corporation Counsel of the City of New York New York, NY Counsel for Defendant City of New York

          Tucker C. Kramer, Esq., Heidell, Pittoni, Murphy & Bach, LLP New York, NY Counsel for Defendant Queens Hospital Center.

          OPINION & ORDER

          KENNETH M. KARAS UNITED STATES DISTRICT JUDGE.

         Plaintiff Robert A. Collins ("Plaintiff), currently incarcerated at Green Haven Correctional Facility ("Green Haven"), brings this pro se Action under 42 U.S.C. § 1983, against Brian Fischer, Commissioner of Department of Correction and Community Supervision ("Fischer"), William Lee, Former Superintendent of Green Haven ("Lee"), Downstate Correctional Facility, Queens Hospital Center, Long Island Jewish Hospital, Zucker Hillside Medical Center, Flushing Hospital Medical Center, Creedmore Psychiatric Center, New York State Office of Mental Health, New York City Police Department, and New York City Department of Environmental Protection, (collectively, "Defendants"), alleging that Defendants violated his constitutional rights.[1] Before the Court are Motions To Dismiss on behalf of Defendants the City of New York (the “City”) and Queens Hospital Center (the “Motions”). (Dkt. Nos. 31, 36.)[2] For the reasons to follow, the Motions are granted.

         I. Background

         A. Factual Background

         The following facts are drawn from Plaintiff's Second Amended Complaint (“SAC”) and are taken as true for the purpose of resolving the instant Motions.[3] As all Defendants do not join in the instant Motions, the Court only recounts facts relevant to the alleged conduct of the moving Defendants.

         “[O]n numerous occasions” from July 1998 to April 27, 1999, Plaintiff “was stopped by the police, for no apparent reason.” (Second Am. Compl. (“SAC”) 14-15 (Dkt. No. 11).) On each of these occasions, “[n]o one else was involved” and Plaintiff “was alone.” (Id. at 15.) “On several occasions[, ] [Plaintiff] was made to surrender [his] identification, ” and his license was then “run through the computer in a police car.” (Id.)

         Plaintiff alleges that on January 28, 1999, he suffered an “[u]nprovoked attack by then Police Officer, now Sergeant Tacco” and on April 27, 1999, he was the victim of an “[u]nlawful invasion of [his] family residence” by “Derek or Derrick Storey.” (Id. (internal quotation marks omitted).)[4]

         On March 4, 1999, Plaintiff was taken to Queens Hospital Center, “after having been taken from [his] family residence.” (Id.) “The [p]olice unlawfully confiscated picture identifications from [Plaintiff's] wallet, which also contained [$197] cash.” (Id.) Upon arrival at Queens Hospital Center, Plaintiff “was given an injection of some substance which rendered [him] unconscious, ” and “[w]hen [h]e came to, [Plaintiff] found that [he] had been transferred to Beth Israel Medical Center.” (Id.) At Beth Israel Medical Center, Plaintiff's wallet was returned to him (without his “identification photographs”), along with $12 in cash. (Id.) Plaintiff has “been unable to recover the balance of [$185]” that was removed from his wallet. (Id.)

         B. Procedural History

         Plaintiff filed the initial Complaint in this Action on January 5, 2015. (Dkt. No. 1.) On February 18, 2015, Plaintiff filed an Amended Complaint. (Dkt. No. 6.) On March 4, 2015, then-Chief Judge Loretta A. Preska issued an Order To Amend, dismissing certain Defendants, identifying deficiencies in Plaintiff's Amended Complaint, and instructing Plaintiff to again amend his Complaint. (Dkt. No. 7.) On March 10, 2015, Plaintiff filed an Amended Complaint, (Dkt. No. 9), which Judge Preska found was still deficient; Plaintiff was thus ordered to again file an amended pleading, (Dkt. No. 10). On April 9, 2015, Plaintiff filed the Second Amended Complaint, the operative complaint in this Action. (Dkt. No. 11.)

         On May 15, 2015, Plaintiff's Action was transferred to this Court. (Dkt. (entry May 15, 2015).) On May 20, 2015, the Court issued an Order To Show Cause as to why certain Defendants should not be dismissed, as Plaintiff's claims against those Defendants were filed on behalf of Plaintiff's brother's estate. (Dkt. No. 13.) The Court simultaneously issued an Order of Service with respect to the remaining Defendants, granting Plaintiff 60 days to effect service. (Dkt. No. 14.) More than a year later, on June 30, 2016, the Court issued (1) a second Order To Show Cause why the Action should not be dismissed in its entirety for failure to prosecute, (Dkt. No. 17), and (2) an Order dismissing those Defendants named in the Court's May 20, 2015 Order To Show Cause, (Dkt. No. 18).

         In a letter filed on July 13, 2016, Plaintiff informed the Court that he “never received” the “U.S. Marshals Service Process Receipt and Return Forms” to serve Defendants, (Dkt. No. 19), and on July 18, 2016, the Court thus ordered that new forms be sent to Plaintiff and granted Plaintiff 60 additional days to complete service, (Dkt. No. 20). In a letter filed September 13, 2016, Plaintiff informed the Court that he once again did not receive the forms, (Dkt. No. 21), and the Court again granted Plaintiff 60 days to effect service on Defendants, ...


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