Werner v. New York County, N.Y.C.
- Laura Swain
- 1:24-cv-06284
- U.S. District Court · Southern District of New York
- 5
In Werner v. New York County, Judge Laura Taylor Swain ordered Bradley Allison Werner, Jr. to explain why this duplicative lawsuit should not be dismissed without prejudice.
Bradley Allison Werner, Jr. is affected by the order to explain whether he consents to dismissal and by the potential second filing fee and later complaint screening. The named defendants are affected because the case may be dismissed as duplicative rather than proceeding in this action.
What happened
In Werner v. New York County, Bradley Allison Werner, Jr., who is incarcerated and representing himself, alleged that he was falsely arrested in New York County on March 27, 2023. He sued New York County, New York City, and several named defendants under a federal civil-rights law.
The court noted that Werner had already filed an earlier related case arising from the same arrest and had been allowed to file an amended complaint in that case. Because this lawsuit appeared duplicative, the court said Werner could identify all defendants and claims in the earlier case instead.
Judge Laura Taylor Swain ordered Werner to explain why this case should not be dismissed without prejudice to the earlier case. The court had not yet dismissed this lawsuit: if Werner consents, it said it will dismiss the case without prejudice and not charge the $350 filing fee; if he does not, the court said it will grant him permission to proceed without paying the fee upfront, charge the fee through prison-account deductions, and screen the complaint. The court also denied permission to appeal without paying the appeal fee.
The detailed version
- Werner v. New York County, N.Y.C. · No. 1:24-cv-06284
- Laura Swain
- Sept. 3, 2024
Background
Bradley Allison Werner, Jr., who is incarcerated and proceeding without a lawyer, filed a complaint and requested permission to proceed without paying the filing fee upfront. Invoking 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against state or local actors, Werner alleged that he was falsely arrested in New York County on March 27, 2023. The defendants named in the caption were New York County, New York City, Catherine Marotta, identified as an assistant district attorney, Nyoda R. Badagliacco, identified as a deputy director, and the New York County District Attorney’s Office.
Earlier Related Case
The court said Werner had previously filed a similar, though not identical, complaint arising from the same arrest in an earlier related case under docket number 24-CV-4186. On August 26, 2024, the court allowed him to file an amended complaint in that case. The court concluded that this lawsuit appeared duplicative because both cases arose from the same arrest. It stated that Werner could name all defendants he sought to hold liable and assert all his claims in one action, consistent with the earlier order allowing amendment.
Ruling
Judge Laura Taylor Swain did not finally dismiss this case in the order. Instead, she directed Werner to show cause—meaning explain—why the complaint should not be dismissed without prejudice to the earlier related case. The court stated that, if Werner consents, it will dismiss this complaint without prejudice to that earlier case and direct the Clerk of Court not to charge him the $350 filing fee for this action. If Werner does not consent, the court stated that it will grant him permission to proceed without paying the fee upfront, charge him a second filing fee through deductions from his inmate account as allowed by law, and then screen the complaint under the Prison Litigation Reform Act. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying the appeal fee.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.