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Myers v. Davenport

Section 1983 Claims Violate Applicable Statute of Limitations; Complaint Is Time-Barred

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION On August 13, 2021, Plaintiff Kevin Myers (“Plaintiff”) commenced this action on behalf of the estate of his son, decedent Michael Myers, pursuant to 42 U.S.C. §1983 (“Section 1983″), asserting claims arising out of his son’s residency at Tryon Residential Center (“Tryon”), a facility run by the New York State Office of Children and Family Services, against Gladys Carrion, Commissioner of the New York State Office of Children and Family Services; Joseph Impiccatore, Director of the Tryon facility; and Mark Davenport, a former employee at Tryon. Dkt. No. 1 (the “Complaint”).1 Plaintiff asserts claims for violations of decedent’s constitutional rights under the Eighth and Fourteenth Amendments, as well as claims under New York law. Id. at 9-13. Presently before the Court is Defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Rule 56″), seeking dismissal of the Complaint in its entirety. Dkt. No. 47. Plaintiff does not oppose dismissal of the Complaint but requests that the Court dismiss his state law claims without prejudice and with leave to refile in state court. Dkt. No. 52. For the reasons set forth below, the Court grants Defendants’ motion for summary judgment.2 II. BACKGROUND Plaintiff sues on behalf of his son, the decedent Michael Myers. Dkt. No. 47-4 at 3.3 Michale Myers was born on September 9, 1992, and was a youth resident at Tryon, a facility run by the New York State Office of Children and Family Services, from January 2009 to October 2009. Id. at

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