Werner v. New York City

Background

Bradley A. Werner, Jr., who was incarcerated at Marcy Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. He sought money damages from New York City, Alvin L. Bragg Jr., Myles Ashong, Catherine Marotta, and R. Badagliacco. The case concerned his August 8, 2023 conviction in New York County for aggravated harassment and his sentence to time served.

Werner alleged that he did not accept the guilty plea, wanted a trial, and felt coerced into allowing his attorney to prevail. He also alleged that, immediately after the alleged coercion, he asked his lawyer to file a notice of appeal and the lawyer ignored him. The complaint included an affirmation stating that The Legal Aid Society was representing Werner in his appeal of the conviction.

Court’s analysis

Because Werner had been allowed to proceed without paying the filing fee up front, the court screened the complaint under 28 U.S.C. § 1915. That law requires dismissal of claims that are frivolous, fail to state a legally valid claim, or seek money from an immune defendant. The court also considered whether it had subject-matter jurisdiction.

The court declined to treat the action as a petition under 28 U.S.C. § 2254, the statute used to challenge a state conviction in federal court. It concluded that Werner had not exhausted his state-court remedies, which must generally occur before such a federal conviction challenge can proceed. The court referred to a prior related proceeding, No. 24-CV-4186 (PAE), in which the court had likewise determined that Werner had not exhausted those remedies.

The court separately applied the rule from Heck v. Humphrey. Under that rule, a person generally cannot recover damages under § 1983 for conduct that would make a conviction or sentence unlawful unless the conviction or sentence has been reversed, expunged, declared invalid, or set aside through federal review. The court dismissed Werner’s damages claims on that basis and stated that he could file a new civil action if he later proves that his conviction was invalidated as required by that rule.

The court declined to allow Werner to amend the complaint because it found that the defects could not be fixed by amendment. After dismissing the federal claims, the court also declined to exercise supplemental jurisdiction—the authority to hear related state-law claims—over any state-law claims Werner might be asserting.

Disposition

The court dismissed the complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). It declined to construe the case as a § 2254 petition because Werner had not exhausted state remedies, declined supplemental jurisdiction over any state-law claims, and declined to grant leave to amend. It certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Laura Taylor Swain directed the clerk to enter judgment.