Judge Charles Siragusa
Inmate Elmer brought a pro se civil rights action against New York State Department of Corrections and Community Supervision employees for alleged violations of his First and Eighth Amendment rights arising out of events that occurred while he was incarcerated at Attica Correctional Facility. The court found that Elmer appears to intend that Corrections Officer Miller and Corrections Officer Wegner be sued in their individual capacities. Elmer also alleged Miller and Wegner’s personal involvement in the alleged constitutional deprivations arising under the First and Eighth amendments, an issue that is relevant only to personal capacity claims. Defendants moved to dismiss the complaint on the ground that Elmer’s claims are barred by the doctrine of sovereign immunity. The court held that the Eleventh Amendment does not bar Elmer’s claims for declaratory or injunctive relief against those defendants in their individual and official capacities, nor his damages claims against the defendants in their individual capacities. The court, however, granted the defendants’ motion to dismiss the complaint as to Commissioner Fischer and Superintendant Conway, finding that Elmer failed to sufficiently plead their personal involvement.
