Sander v. City of Mount Vernon

Background

Patrick Sander, representing himself, brought this action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by persons acting under state law. He asserted claims for false arrest, malicious prosecution, and denial of due process against the City of Mount Vernon and the Westchester County Department of Corrections (WDOC). Sander had permission to proceed without prepaying filing fees.

Screening and Defendants

Because Sander was proceeding without prepaying fees, the court reviewed his complaint under 28 U.S.C. § 1915. That statute requires dismissal of claims that are frivolous, malicious, fail to state a legally sufficient claim, or seek money from an immune defendant. The court also noted that it must dismiss claims when it lacks authority to hear them.

The court added unidentified Mount Vernon police officers as “John Does 1-10” under Federal Rule of Civil Procedure 21. The court understood Sander’s amended complaint to assert false-arrest claims against those officers. The addition was without prejudice to defenses the officers might later assert after they were identified.

The court dismissed Sander’s claims against the WDOC for the reasons given in Chief Judge Laura Taylor Swain’s earlier order: municipal agencies or departments do not have the capacity to be sued under New York law. The court construed Sander’s amended complaint as asserting claims against Westchester County and directed the Clerk of Court to replace the WDOC with the County. That substitution was without prejudice to defenses the County might assert.

Service and Identification Orders

The court directed the Clerk to issue summonses for the City of Mount Vernon and Westchester County, complete the required service forms, and send the necessary papers to the United States Marshals Service. Because Sander was allowed to proceed without prepaying fees, the Marshals Service would assist with service. The court stated that service must occur within 90 days after the summonses are issued, unless Sander requests an extension.

The court also directed Mount Vernon’s Corporation Counsel to provide the identities, shield numbers, and service addresses of the unidentified Mount Vernon police officers within 60 days. Within 30 days after receiving that information, Sander must file a second amended complaint naming the identified officers and providing their service addresses. That complaint will replace, rather than supplement, the earlier complaints, and the court will screen it before deciding whether to direct service on the newly identified officers.

Disposition

The court dismissed Sander’s claims against the WDOC and directed the Clerk to substitute Westchester County as a defendant. It also added the John Doe defendants, ordered service on the City and County, and required the identification and later naming of the unidentified officers. The court certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.