Pedrow v. Barbour

Background

Jahiem Pedrow, who was incarcerated and proceeding without a lawyer, brought this action under federal-question jurisdiction. The court understood the complaint to assert claims under Section 1309 of the Violence Against Women Act Reauthorization Act of 2022, 15 U.S.C. § 6851, as well as state-law claims. The court had previously allowed Pedrow to proceed without paying the filing fee upfront.

Because Pedrow was a prisoner proceeding without prepayment of fees, the court screened the complaint under the Prison Litigation Reform Act. The court was required to dismiss claims that were frivolous, malicious, failed to state a claim for relief, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction.

Claims Against the Social-Media Defendants

Pedrow attempted to assert constitutional claims under 42 U.S.C. § 1983 against Facebook, X., Instagram, and “All Social Media.” A Section 1983 claim generally requires facts showing that the defendant acted under state authority. The court held that social-media companies are private parties, not government entities, and that Pedrow therefore had not stated a Section 1983 claim against them.

The court also dismissed any other claims against those defendants because “All Social Media” was not a suable entity and the complaint alleged no facts describing conduct by Facebook, X., or Instagram that violated Pedrow’s rights. Apart from listing them in the caption, the complaint did not mention those companies.

The court granted Pedrow 30 days’ leave to replead his claims against Facebook, X., and Instagram. If he filed an amended complaint, he was required to identify each entity in the caption and in the body of the complaint and provide a short, plain statement of the facts supporting each claim. The court stated that an amended complaint would replace, rather than add to, the original complaint. The court did not grant leave to replead claims against “All Social Media.”

Greenburgh Police Department

The court dismissed the claims against the Greenburgh Police Department because, under New York law, municipal departments generally are not separate suable entities. Because Pedrow was proceeding without a lawyer, the court treated any allegations against the police department as allegations against the Town of Greenburgh, which Pedrow also named as a defendant.

Service and Disposition

The court directed the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve Officer W. Barbour and the Town of Greenburgh. The court extended the service period to 90 days after the summonses were issued and stated that Pedrow should request an extension if service was not completed within that period.

The court dismissed Pedrow’s claims against “All Social Media,” Facebook, X., Instagram, and the Greenburgh Police Department for failure to state a claim. It granted 30 days’ leave to replead the claims against Facebook, X., and Instagram, and ordered service on Officer Barbour and the Town of Greenburgh. The order did not resolve the merits of the claims that remained subject to service.