District Judge Brenda Sannes

Plaintiff state inmate was in protective custody at the Auburn Correctional Facility when an inmate with known health issues and an infectious disease threw an “unknown brown liquid” into his face and eyes. That same day another inmate “with a known history of violent tendencies” threw an “unknown milky substance” on plaintiff's chest. Plaintiff's pro se action under 42 USC §1983 asserted Eighth Amendment failure-to-protect and medical indifference claims against New York's prison agency, its commissioner, and Auburn's superintendent. The Eleventh Amendment barred plaintiff's claims against the state's prison agency. Claims against the agency's commissioner and Auburn's superintendent were also barred under the Eleventh Amendment to the extent plaintiff sought injunctive relief against them in their official capacities. Further plaintiff's Eighth Amendment failure to protect and medical indifference claims against the commissioner and superintendent were dismissed. Plaintiff's complaint was devoid of any fact plausibly suggesting their personal involvement in the decision to house either inmate in protective custody with plaintiff, or that they had any personal knowledge in the alleged deprivation of medical care.

District Judge Brenda Sannes