United States District Court, S.D. New York
BEVON L. TRAIL, Plaintiff,
NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION and TACONIC CORRECTIONAL FACILITY, Defendants.
MEMORANDUM OPINION AND ORDER
VINCENT L. BRICCETTI UNITED STATES DISTRICT JUDGE.
Bevon Trail, proceeding pro se and in forma
pauperis, brings this action under 42 U.S.C. § 1981
(“Section 1981”), Title VII of the Civil Rights
Act of 1964, and the New York State Human Rights Law
(“NYSHRL”) against the New York State Department
of Corrections and Community Supervision
(“DOCCS”) and Taconic Correctional Facility
(“Taconic”) for alleged harassment on account of
his race, color, and national origin, and retaliation for
filing a complaint.
pending is defendants' partial motion to dismiss the
amended complaint pursuant to Rules 12(b)(1) and 12(b)(6).
reasons set forth below, the motion is GRANTED.
Court has subject matter jurisdiction under 28 U.S.C. §
the Court does not address the merits, it need not recount
Taconic Correctional Facility
argue Taconic is not a distinct legal entity capable of being
sued. The Court agrees.
Correctional Facility is merely a building, and is therefore
not a suable entity. See, e.g., Davis
v. City of N.Y., 1998 WL 29247, at *2 (S.D.N.Y. Jan. 26,
argument that Taconic can be sued because it is a public
entity is meritless. Taconic may be operated by DOCCS, but
that alone does not make Taconic an entity capable of being
plaintiff's claims against Taconic are dismissed.