Russell v. Doe

Background

Mark Russell, who is detained at West Facility on Rikers Island, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that conditions of confinement—including sanitation, plumbing, and mail-service conditions—violate his federal constitutional rights. The court had previously allowed him to proceed without paying the filing fee in advance.

The complaint did not include a caption identifying an opposing party. As a result, the Clerk of Court had captioned the case without a formally designated defendant.

Court’s reasoning

Federal Rule of Civil Procedure 21 allows a court, on a motion or on its own, to add or remove a party when doing so is appropriate. The court explained that this rule gives courts discretion to organize a case in the interests of efficiency and fairness, including adding as a defendant an entity mentioned in the body of a complaint as involved in the alleged events.

The court determined that Russell’s allegations and his self-represented status showed a clear intention to assert claims against the City of New York. West Facility is operated by the New York City Department of Correction, and the court therefore construed the complaint as asserting claims against the City of New York.

Order

The court directed the Clerk of Court to add the City of New York as a defendant under Rule 21. It also directed the Clerk to notify the New York City Department of Correction and the New York City Law Department electronically and to mail Russell a copy of the order and an information package. The court requested that the City of New York waive service of summons.

The court stated that adding the City of New York was without prejudice to any defenses the city may assert. This order addressed the proper defendant and did not decide whether Russell’s constitutional claims ultimately succeed.