Judge Denise Cote
Lane was housed at various facilities on Rikers Island while awaiting trial to determine whether he would be civilly committed, pursuant to Article 10 of New York’s Mental Hygiene Law, as a sex offender requiring long-term specialized treatment. Lane sued New York’s Office of Mental Health (OMH) and New York City’s Department of Correction (DOC) under 42 USC §1983 and Article 10 alleging that as an identified sex offender he was “in constant fear for his life and safety” during the 61 days spent on Rikers. He further alleged that as a civil detainee, he should not have been strip searched, shackled or placed in leg irons. The court granted OMH and DOC dismissal. Noting that OMH is a state agency and that New York has not waived sovereign immunity—nor was such immunity abrogated through 42 USC §1983—the court deemed Lane’s claims against OMH barred by the Eleventh Amendment. Discussing Chapter 17, §396, of the New York City Charter, the court further determined that as an agency of the City of New York, DOC was not an entity that could be sued. Despite leave to amend to cure deficiencies, Lane did not submit an amended complaint naming the City instead of the DOC.
