Pearson v. Cappelil

Background

Robert Pearson, who was incarcerated at the time of filing and is proceeding without a lawyer, sued the State of New York; the Orange County Jail; identified correctional officers Cappelli, Lewis, Gessner, and Cimorelli; unidentified emergency-response officers; and unidentified Wellpath mental-health workers and a physician. The court understood the complaint to assert claims under 42 U.S.C. § 1983, which allows claims for violations of federal rights by persons acting under state law, as well as state-law claims. Pearson sought damages and injunctive relief.

The court had previously allowed Pearson to proceed without prepaying filing fees. Under the Prison Litigation Reform Act, the court was required to screen the complaint and dismiss claims that were legally defective, frivolous, malicious, sought relief from an immune defendant, or fell outside the court’s jurisdiction.

Rulings

The court dismissed all claims against the State of New York for lack of subject-matter jurisdiction under the Eleventh Amendment. The court explained that New York had not waived its immunity and that Congress had not removed that immunity for Pearson’s federal civil-rights claims. The court also dismissed Pearson’s claims against the Orange County Jail because the jail is not a suable “person” under § 1983 and municipal departments generally cannot be sued separately from the municipality.

The court directed the Clerk of Court to add the County of Orange as a defendant under Rule 21 of the Federal Rules of Civil Procedure. The court stated that this addition was without prejudice to any defenses the county might assert. The court directed service on the County of Orange and on Cappelli, Lewis, Gessner, and Cimorelli through the United States Marshals Service. Those defendants must respond to the specified prisoner-discovery requests within 120 days after service.

The court also ordered the Orange County Attorney and Wellpath’s counsel to identify the unnamed emergency-response officers, “Anthony,” “Crystal,” and “Dr. P,” and provide their service information and, when appropriate, badge numbers within 60 days. Within 30 days after receiving that information, Pearson must file an amended complaint naming the newly identified individuals. The court stated that it would screen that amended complaint and, if necessary, issue further service instructions.

Disposition

The court dismissed Pearson’s claims against the State of New York and the Orange County Jail, added the County of Orange as a defendant, and directed service on the County and the four identified individual defendants. The court did not decide the underlying allegations against the defendants who remained subject to service. It certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.