Judge Joseph Bianco
Carrion is held at Pilgrim Psychiatric Center. His 42 USC §1983 action charged that defendants Singh, Rowehl and Akber violated his civil rights by transferring him from a state operated community residence (SOCR) to Pilgrim. Carrion claimed that he was transferred to Akber’s care at Pilgrim after being wrongfully accusedwhile under Rowehl’s care at the SOCRof threatening to kill Rowehl and her family. Thus Carrion claimed to be deprived of his freedom from psychiatric confinement. Despite finding that the Younger abstention doctrine did not bar it from hearing Carrion’s case, district court dismissed his complaintliberally construed to assert §1983 claims for violations of his rights under the Fourth, Eighth, Fourteenth and Sixteenth Amendmentsfor inadequately pleading sufficient facts showing standing to bring suit in federal court. A mentally ill patient’s involuntary commitment does not constitute punishment for Eighth Amendment purposes. Due to the paucity of information in his complaint, the court could not determine if Carrion had a plausible Fourth Amendment unreasonable search and seizure claim, or if he had a plausible claim that he had been denied due process under the Fourteenth Amendment.
