Klein v. Norton

Background

Christian Paul Enzo Klein brought the action without a lawyer, alleging that defendants violated his federal constitutional and statutory rights while he was detained at the Westchester County Jail. The complaint named Dr. Jerome Norton, Amy Schell, Wellpath, the Westchester Department of Corrections (WDOC), the County of Westchester, and unidentified defendants John Doe 1 and John Doe 2. The court construed the claims as arising under 42 U.S.C. § 1983 and state law.

The court had previously granted Klein permission to proceed without prepaying filing fees, commonly called in forma pauperis or IFP status. When a plaintiff proceeds IFP, the court must dismiss claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court also stated that it must read a complaint filed without a lawyer liberally and interpret it to present the strongest claims reasonably suggested by the allegations.

Claims Against the WDOC

The court dismissed Klein’s claims against the WDOC under 28 U.S.C. § 1915(e)(2)(B)(ii). It held that, under New York law, municipal agencies and departments lack the capacity to be sued. Because the WDOC is an agency and municipal department of the County of Westchester, the court treated the claims against the WDOC as claims against the County, which Klein also named as a defendant.

Service on Defendants

Because Klein had IFP status, the court directed the Clerk of Court and the U.S. Marshals Service to handle service of the summonses and complaint. The court ordered the Clerk to issue summonses and prepare service forms for Dr. Norton, Amy Schell, Wellpath, and the County of Westchester, and to deliver the necessary papers to the Marshals Service. The court stated that, if service is not completed within 90 days after the summonses are issued, Klein should request an extension of time. It also directed Klein to notify the court in writing of any address change.

Identification of John Doe Defendants

For John Doe 1, the court found that the complaint provided enough information for the WDOC to identify the unidentified Assistant Warden allegedly involved in violating Klein’s rights during his detention in the summer of 2021. The court therefore ordered the Westchester County Attorney to provide the individual’s identity, badge or shield number, and service address to Klein and the court within 60 days. Klein must file an amended complaint naming that person within 30 days after receiving the information. The amended complaint will replace, rather than supplement, the original complaint.

The court declined to issue identification instructions for John Doe 2. It found that the complaint did not allege facts showing John Doe 2’s direct involvement in the alleged violations and did not provide information that would allow that defendant to be identified.

Conclusion

The court dismissed Klein’s claims against the WDOC, directed service on Dr. Norton, Amy Schell, Wellpath, and the County of Westchester, and ordered assistance in identifying John Doe 1. It declined to issue identification instructions for John Doe 2. Judge Cathy Seibel certified that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal.