United States District Court, E.D. New York
MEMORANDUM AND ORDER
ROSLYNN R. MAUSKOPF, United States District Judge.
William Escalera, Jr., presently incarcerated at the Robert
N. Davoren Complex (“RNDC”), located on Rikers
Island, brings this pro se complaint pursuant to 42
U.S.C. § 1983. Escalera's request to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915 is
granted. For the reasons stated below, Escalera's
complaint is dismissed against defendants the Anna M. Kross
Center AMKC-95 (“AMKC”),  and Deputy Commissioner
alleges that on March 20, 2016, while in custody at the RNDC,
he was involved in an altercation with a fellow inmate.
(Compl. (Doc. No. 1) at 3). Escalera alleges that he was
working on the suicide prevention unit when an inmate asked
Escalera to bring him some food. (Id. at 4). After
Escalera provided the requested food, an argument ensued, and
a Captain directed them to quiet down. (Id.)
Although Escalera's allegations are difficult to
decipher, he seems to allege that he was struck in the head
by a different inmate, and that Escalera hit him back.
(Id.) Escalera further alleges that a captain and
other correction officers “continuously sprayed [him
with] toxins.” (Id.) Escalera seeks monetary
28 U.S.C. § 1915A, a district court “shall review,
before docketing, if feasible or, in any event, as soon as
practicable after docketing, a complaint in a civil action in
which a prisoner seeks redress from a governmental entity or
employee of a governmental entity.” 28 U.S.C. §
1915A. Upon review, a district court shall dismiss a prisoner
complaint sua sponte if the complaint is
“frivolous, malicious, or fails to state a claim upon
which relief may be granted; or seeks monetary relief from a
defendant who is immune from such relief.” Id.
§ 1915A(b); see Abbas v. Dixon, 480 F.3d 636,
639 (2d Cir. 2007); Liner v. Goord, 196 F.3d 132,
134 n.1 (2d Cir. 1999) (noting that under the Prison
Litigation Reform Act, sua sponte dismissal of
frivolous prisoner complaints is not only permitted but
pleadings stage, the Court must assume the truth of
“all well-pleaded, nonconclusory factual
allegations” in the complaint. Kiobel v. Royal
Dutch Petroleum Co., 621 F.3d 111, 123 (2d Cir. 2010)
(citing Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009)). A complaint must plead sufficient facts to
“state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007).
axiomatic that pro se complaints are held to less
stringent standards than pleadings drafted by attorneys, and
that the Court is required to read the plaintiff's
pro se complaint liberally and interpret it as
raising the strongest arguments it suggests. Erickson v.
Pardus, 551 U.S. 89, 94 (2007); Hughes v. Rowe,
449 U.S. 5, 9 (1980); Sealed Plaintiff v. Sealed
Defendant #1, 537 F.3d 185, 191-93 (2d Cir. 2008).
order to state a § 1983 claim, a plaintiff must allege
(1) that the challenged conduct was “committed by a
person acting under color of state law, ” and (2) that
such conduct “deprived [the plaintiff] of rights,
privileges, or immunities secured by the Constitution or laws
of the United States.” Cornejo v. Bell, 592
F.3d 121, 127 (2d Cir. 2010) (quoting Pitchell v.
Callan, 13 F.3d 545, 547 (2d Cir. 1994)). Section 1983
does not create any independent substantive right, but
rather, is a vehicle to “redress . . . the deprivation
of [federal] rights established elsewhere.” Thomas
v. Roach, 165 F.3d 137, 142 (2d Cir. 1999).
Anna M. Kross Center
AMKC is a New York City Department of Correction facility on
Rikers Island. As an agency of the City of New York, AMKC
cannot be sued independently. Lauro v. Charles, 219
F.3d 202, 205 n.2 (2d Cir. 2000); see, e.g.,
Bromfield v. New York State, No. 15-CV-3529 (CBA),
2016 WL 2917611, at *3 (E.D.N.Y. May 18, 2016); Johnson
v. New York Dep't of Correction, No. 15-CV-640
(CBA), 2015 WL 4884880, at *2 (E.D.N.Y. Aug. 13, 2015);
N.Y.C. Charter, Ch. 16, § 396. Accordingly,
Escalera's claim against the AMKC is dismissed for
failure to state a claim upon which relief may be granted.
See 28 U.S.C. § 1915A(b).