Covial v. Francillion

Background

Brandon A. Covial, proceeding without a lawyer, brought claims under 42 U.S.C. § 1983, a federal law that allows claims against people acting under state authority for violating constitutional rights. Covial alleged that officers falsely arrested him for filming on either May 13 or May 15, 2021, at a United States Postal Service office and at the Seward Public Library, both in New York County.

The complaint named the New York City Police Department; Officers Marvin Francillon, Ashley Duncan-Peters, Chris Budhan, Thomas Walsh, Thomas Gugliome, Irving Martinez, and Vincent Lee; the City of New York; and the Seward Public Library. The opinion states that Covial had permission to proceed without prepaying filing fees. The court therefore screened the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires dismissal of claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant.

Rulings

New York City Police Department. The court dismissed Covial’s claims against the NYPD because a New York City agency generally is not a separate suable entity. Because Covial clearly intended to assert claims against the City of New York, the court ordered the Clerk of Court to replace the NYPD with the City in the caption. The court stated that this amendment was without prejudice to defenses the City might assert.

Service on the City and four officers. The court directed the Clerk to issue summonses and prepare the paperwork needed for service on the City of New York and Officers Francillon, Walsh, Gugliome, and Lee. Because Covial was proceeding without prepaying fees, the U.S. Marshals Service was to complete service. The court extended the service deadline to 90 days after the summonses were issued. It also stated that Covial should request more time if service was not completed within that period and must notify the court of any address change.

Claims against Duncan-Peters, Budhan, Martinez, and the Seward Public Library. The court dismissed the claims against Officers Duncan-Peters, Budhan, and Martinez because Covial alleged no facts showing that they were personally involved in the events. The court also dismissed the claims against the Seward Public Library because Covial alleged that police officers arrested him there without assistance from library staff and alleged no facts suggesting that the library was liable.

Leave to amend and classification. The court granted Covial 30 days to file an amended complaint stating additional facts supporting his claims against the three officers and the library. The amended complaint would replace, rather than supplement, the original complaint. This was a screening and pleading ruling; the court did not decide whether Covial was actually falsely arrested or whether the remaining claims would ultimately succeed.