In re: Richard Sheppard

Background

Richard Sheppard is detained at West Facility on Rikers Island and is representing himself. He brought a claim under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local actors. He alleges that conditions of confinement—including sanitation, plumbing, and mail-service conditions—violate his federal constitutional rights.

The complaint did not include a caption identifying a defendant. The Clerk therefore captioned the case without a formally designated opposing party. The court had previously allowed Sheppard to proceed without paying the filing fee in advance.

Court’s reasoning

Federal Rule of Civil Procedure 21 allows a court to add or drop a party at any time on appropriate terms. The court explained that this rule gives courts discretion to organize a case efficiently and fairly, including adding as a defendant an entity mentioned in the body of a complaint as involved in the alleged events.

The court concluded that Sheppard clearly intended to bring claims against the City of New York. West Facility is operated by the New York City Department of Correction, and the court noted that Sheppard’s self-represented status supported construing the complaint as asserting claims against the City.

Order

The court directed the Clerk of Court to add the City of New York as a defendant under Rule 21 and to electronically notify the New York City Department of Correction and the New York City Law Department. The court requested that the City waive service of summons and stated that adding the City does not prevent it from asserting defenses. The Clerk was also directed to mail Sheppard a copy of the order and an information package.

The order adds a party; it does not decide whether Sheppard’s constitutional claims are valid.