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Taveras v. Sheriffs Dept.

United States District Court, E.D. New York

May 12, 2017

TRISTAN TAVERAS, Plaintiff,
v.
SHERIFFS DEPT., MR. WALKER (inmate), Defendants.

          For Plaintiff: Tristan Taveras, pro se

          For Defendants: No appearances.

          MEMORANDUM & ORDER

          JOANNA SEYBERT Joanna Seybert, U.S.D.J.

         On December 12, 2016, then-incarcerated pro se plaintiff Tristan Taveras (“Plaintiff”) filed an in forma pauperis Complaint in this Court pursuant to 42 U.S.C. § 1983 (“Section 1983”) against the Sheriff's Department, and Mr. Walker (together, “Defendants”), accompanied by an application to proceed in forma pauperis.

         Upon review of the declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, the Complaint is sua sponte DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b) for failure to state a claim for relief.

         BACKGROUND[1]

         Plaintiff's sparse handwritten Complaint, submitted on the Court's Section 1983 complaint form, alleges, in its entirety:

I was assaulted by Sheriffs Dept in Hempstead Courthouse garage. I was pulled from the van and thrown on the ground and beaten brutally by Sheriffs officers the officers had me cuffed during the assault he had his knee on my chest while him and couple other officers proceeded to punch and kick me. I received no medical treatment, not allowed to make phone calls in the jail when I was admitted my mugshot is the only evidence of injuries and video on Dec 18th/2015 I spoke to Internal Affairs but have yet to receive a docket number. I was also assaulted Sat. Oct. 22/2016 by inmate in police custody. I pressed charges but have yet to see anybody. I was sleep in my cell when inmate attacked me in my sleep.[2]

(Compl. ¶ IV.) In the space on the form Complaint that calls for a description of any claimed injuries and any medical treatment required and/or provided, Plaintiff alleges that he suffered a broken nose from the first assault and was not given medical treatment for such injury. (Compl. ¶ IV.A.) Plaintiff also claims that as a result of the second assault, he sustained an “[indeciperable] fracture, busted lip, erupted retina, [and] blood clots.” (Compl. ¶ IV.A.) Plaintiff alleges that although he was taken to Nassau County Medical Center for treatment of his injuries alleged sustained during the second assault, he still requires unspecified surgery. (Compl. ¶ IV.A.) For relief, Plaintiff seeks to recover a monetary award in total sum of $2 million for his “injuries and compensation.” (Compl. ¶ V.)

         DISCUSSION

         I. In Forma Pauperis Application

         Upon review of Plaintiff's declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED.

         II. Application of 28 U.S.C. § 1915

         Section 1915 of Title 28 requires a district court to dismiss an in forma pauperis complaint if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. ยงยง 1915(e)(2)(B)(i)-(iii), 1915A(b). The Court ...


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