Suarez v. Sullivan
── Suarez v. Sullivan ──
Case No.: 24-872
Court: Court of Appeals for the Second Circuit
Date: March 17, 2026
Category: General
24-872
Suarez v. Sullivan, et al.
United States Court of Appeals
For the Second Circuit
August Term 2024
Argued: March 31, 2025
Decided: March 17, 2026
No. 24-872
ELVIN SUAREZ,
Plaintiff-Appellant,
v.
ROBERT MORTON, Superintendent, Downstate
Correctional Facility, in his individual capacity; ABDUL
QAYYUM, Psychiatrist, Downstate Correctional Facility,
in his individual capacity; PETER M. HORAN,
Supervising Offender Rehabilitation Coordinator,
Downstate Correctional Facility, in his individual
capacity; MAURA L. DINARDO, Clinician, New York State
Office of Mental Health, in her individual capacity;
SAMANTHA L. KULICK, Psychology Assistant
3/Supervisor, New York State Office of Mental Health,
in her individual capacity; BRANDON N. REYNOLDS,
Psychiatrist, New York State Office of Mental Health, in
his individual capacity; CHESNEY J. BAKER, Licensed
Master Social Worker 2/Supervisor, New York State
Office of Mental Health, in his individual capacity,
Defendants-Appellees,
ANN MARIE T. SULLIVAN, Commissioner, New York
State Office of Mental Health, in her individual
capacity; NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION; NEW YORK
STATE OFFICE OF MENTAL HEALTH; ANTHONY J.
ANNUCCI, Acting Commissioner, New York State
Department of Corrections and Community
Supervision, in his individual capacity; RYAN LAHEY,
Office of Mental Health Unit Chief, Downstate
Correctional Facility, in his individual capacity,
Defendants. *
Appeal from the United States District Court
for the Southern District of New York
No. 7:20CV07133,
Vincent L. Briccetti, Judge.
Before: PARK, PÉREZ, and MERRIAM, Circuit Judges.
Plaintiff-appellant Elvin Suarez brought this action against the New York
State Department of Corrections and Community Supervision (“DOCCS”), the
New York State Office of Mental Health (“OMH”), and several DOCCS and OMH
employees pursuant to 42 U.S.C. §1983, alleging that defendants violated his
Eighth Amendment right to be free from cruel and unusual punishment. Suarez
asserts two Eighth Amendment claims: (1) deliberate indifference to his conditions
of confinement, and (2) deliberate indifference to his medical needs.
*The Clerk’s Office is respectfully directed to amend the caption as reflected
above.
2
The District Court granted defendants’ motion for summary judgment in its
entirety, concluding that no triable issues of fact existed on the record before it.
We disagree and conclude that, construing the evidence in the light most favorable
to Suarez, there are genuine disputes of material fact on both Eighth Amendment
claims as to each defendant’s knowledge of a serious risk to Suarez’s health and
well-being, and each defendant’s disregard of that risk. We therefore VACATE the
District Court’s grant of summary judgment to defendants and REMAND for
further proceedings consistent with this opinion.
VACATED AND REMANDED.
JUDGE PARK dissents in a separate opinion.
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}