Murray v. Sergeant Fox

Background

Daniel Murray, who is detained at the Warren County Jail in Lake George, New York, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of federal rights by state actors. The court had already granted him permission to proceed without paying filing fees in advance. After filing the complaint, Murray moved to refer the case to a magistrate judge and filed another motion seeking to “reopen” the case and refer it to a magistrate judge.

Screening and dismissed defendants

The court reviewed the complaint under the statutes requiring dismissal of claims that are frivolous, fail to state a claim, seek money from immune defendants, or fall outside the court’s subject-matter jurisdiction. The court explained that the Eleventh Amendment generally protects states and their arms from monetary suits in federal court unless an exception applies.

The court determined that the Office of Special Investigation is part of the New York State Department of Corrections and Community Supervision, and that Green Haven Correctional Facility is protected as a state correctional facility. Because the claims against those defendants sought monetary relief from entities protected by state immunity, the court dismissed Murray’s claims against Green Haven Correctional Facility and the Office of Special Investigation. The opinion does not specify that this dismissal was with or without prejudice.

Service and case procedures

Because Murray was allowed to proceed without prepaying filing fees, the court directed the Clerk of Court to prepare summonses and U.S. Marshals Service Process Receipt and Return forms for Sergeant Fox and Warden Mark Miller, and to provide the necessary papers to the U.S. Marshals Service for service. The order states that service must occur within 90 days after the summonses are issued; if service is not completed by then, Murray should request an extension. Murray must also notify the court in writing of any address change, and the court may dismiss the action if he does not.

The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must serve responses to specified prisoner-case interrogatories and document requests within 120 days after service of the complaint.

Disposition

The court denied Murray’s pending motions without prejudice and directed the Clerk to terminate them. It dismissed the claims against Green Haven Correctional Facility and the Office of Special Investigation, directed service on Sergeant Fox and Warden Mark Miller, and applied Local Civil Rule 33.2. The order did not decide the underlying question of whether Sergeant Fox or Warden Miller violated Murray’s federally protected rights.