Delgado v. The People of the State of New York
- Clarke
- 7:24-cv-09071
- U.S. District Court · Southern District of New York
- 4
In Delgado v. The People, Judge Clarke remanded Delgado’s attempted removal of her New York criminal case to state court.
Joleen Delgado, The People of the State of New York, Kevin Russo, and the Justice Court of the Village of Haverstraw, County of Rockland, State of New York.
What happened
In Delgado v. The People of the State of New York, Joleen Delgado, representing herself, tried to move her pending criminal case from the Justice Court of the Village of Haverstraw to federal court. She cited alleged constitutional violations arising from her arrest and incarceration without a probable-cause hearing.
The court explained that state criminal cases can be moved to federal court only in limited circumstances, including when the defendant is a federal officer or cannot enforce federally protected equal civil rights involving racial equality. Delgado’s filing did not allege facts meeting either requirement, and the court said her claims could be fully considered in state court.
The court remanded the criminal case to the Justice Court of the Village of Haverstraw, directed the Clerk to send that court the order, and closed the federal case. Judge Jessica G. L. Clarke also terminated all other pending matters.
The detailed version
- Delgado v. The People of the State of New York · No. 7:24-cv-09071
- Clarke
- Jan. 6, 2025
Background
Joleen Delgado, proceeding without a lawyer, filed a notice of removal seeking to move her criminal case from the Justice Court of the Village of Haverstraw, County of Rockland, State of New York, to the U.S. District Court for the Southern District of New York. She named The People of the State of New York and Kevin Russo, in his individual capacity, as defendants.
Delgado alleged that on August 12, 2024, she was arrested and incarcerated without a probable-cause hearing. She asserted that Russo failed to protect her constitutional rights and alleged violations of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments.
Removal Standards
The court explained that removal is the statutory process for moving a case from state court to federal court, and that the person seeking removal must show that federal law permits it. Removal of a state criminal prosecution is limited. It may be available when a federal officer or armed-forces member is prosecuted in state court for actions taken under official authority. It may also be available under 28 U.S.C. § 1443(1) when the defendant cannot enforce in state court a right under a federal law providing equal civil rights, particularly rights stated in terms of racial equality.
Court’s Analysis
The court found that Delgado’s filing did not allege that she was a federal officer or armed-forces member being prosecuted for official actions. It also found no facts suggesting that she could not enforce in New York state courts a right to equality involving racial equality. The court concluded that Delgado’s allegations about her arrest, incarceration, lack of a probable-cause hearing, and resulting distress did not make removal proper. It stated that her claims could be fully and fairly considered in state court.
Disposition
The court remanded the criminal action under 28 U.S.C. § 1455(4) to the Justice Court of the Village of Haverstraw, County of Rockland, State of New York. It directed the Clerk of Court to send that court a copy of the order and close the federal action. The court also terminated all other pending matters. Judge Jessica G. L. Clarke did not decide the merits of Delgado’s constitutional allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.