Magistrate Judge Thérèse Wiley Dancks
In addition to seeking to proceed in forma pauperis, Davis’s action under 42 USC §1983 alleged that his First Amendment rights were violated on Nov. 4, 2013, when he was sexually assaulted—while watching a movie in the chapel area of the Albany Rescue Mission—by staff members of the Rescue Mission. He also alleged he was later told he would have to leave the shelter if he did not cooperate with their sexual advances because “nobody likes or trust[s] Muslims.” Despite granting Davis’s application to proceed in forma pauperis, the magistrate judge recommended that his complaint be dismissed, without leave to amend. The magistrate concluded that Davis did not allege any state action. It noted that Davis was informed, in previous litigation against the Rescue Mission, that the Rescue Mission is not a state actor, but rather is a non-profit religious organization. Nor did Davis allege facts plausibly suggesting, under Anilao v. Spota, that the Rescue Mission or its employees were engaged in a joint action with the state or its agents. Further, although Davis’s allegations are serious and disturbing, there was no indication that he could state any valid federal cause of action or bring his case within the court’s diversity jurisdiction.
