Hernandez v. City of Middletown N.Y. Police
- Philip Halpern
- 7:24-cv-01282
- U.S. District Court · Southern District of New York
- 1
In Hernandez v. City of Middletown Police, Judge Halpern dismissed Hernandez’s time-barred civil-rights claim and any state-law claim.
Josemejia Hernandez’s federal civil-rights claim was dismissed with prejudice, and any state-law claim he alleged was dismissed without prejudice to refiling in the proper forum. The case was closed, and permission to appeal without paying filing fees was denied.
What happened
Josemejia Hernandez sued the City of Middletown Police, Detective Kevin C. Brischoux, and Sgt. Colon Evanr. The judgment states that his claim under federal civil-rights law was barred by the filing deadline.
The court dismissed the federal civil-rights claim with prejudice because any amendment would be futile. To the extent Hernandez alleged a state-law claim, the court dismissed it without prejudice to refiling in the proper forum.
Judge Philip Halpern’s court also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The case was closed.
The detailed version
- Hernandez v. City of Middletown N.Y. Police · No. 7:24-cv-01282
- Philip Halpern
- Apr. 23, 2025
Background
The judgment identifies Josemejia Hernandez as the plaintiff and City of Middletown Police, Detective Kevin C. Brischoux, and Sgt. Colon Evanr. as defendants. The judgment refers to an earlier Opinion and Order dated April 22, 2025, but that opinion is not included in the provided text.
Rulings
The court ruled that Hernandez’s claim under 42 U.S.C. § 1983, the federal civil-rights statute used for certain claims against state or local officials, was time-barred. The court dismissed that claim with prejudice, stating that any amendment would be futile.
The court also stated that, to the extent Hernandez alleged a state-law claim, that claim was dismissed without prejudice to refiling in the proper forum. The judgment does not identify the state-law claim or explain which forum would be proper.
Appeal and Case Status
Under 28 U.S.C. § 1915(a)(3), the court certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The case was closed. This is classified as a procedural order because the federal claim was dismissed on a time-bar ground, without the provided judgment showing a decision on the underlying merits.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.