Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Trail v. New York State Department of Corrections and Community Supervision

United States District Court, S.D. New York

August 3, 2018

BEVON L. TRAIL, Plaintiff,
v.
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.

         Plaintiff 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.

         Now pending is defendants' partial motion to dismiss the amended complaint pursuant to Rules 12(b)(1) and 12(b)(6). (Doc. #14).

         For the reasons set forth below, the motion is GRANTED.

         The Court has subject matter jurisdiction under 28 U.S.C. § 1331.

         Because the Court does not address the merits, it need not recount the facts.

         DISCUSSION

         I. Taconic Correctional Facility

         Defendants argue Taconic is not a distinct legal entity capable of being sued. The Court agrees.

         Taconic 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, 1998).[1]

         Plaintiff's 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 sued.

         Accordingly, plaintiff's claims against Taconic are dismissed.

         II. Sover ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.