Hill v. Officer Romanych

Background

Joe Hill, who was incarcerated at the time he filed the complaint and is representing himself, brought claims for alleged federal constitutional violations and state-law claims seeking damages. The court understood the complaint to assert claims under 42 U.S.C. § 1983, a law that allows suits for violations of federal rights by state actors, and under state law. The named defendants were Westchester County Jail, Correction Officers Romanych and Jones, the jail itself, and an unidentified correction officer connected to a booking search. The opinion states that Hill’s allegations included a strip search by Romanych and Jones at the jail on April 9, 2025.

The court had previously allowed Hill to proceed without paying filing fees in advance. It screened the complaint as required for a prisoner’s case under federal law. At that stage, the court had to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s jurisdiction. The court also said that although it must read filings by people without lawyers generously, those filings still must provide enough facts to make a claim plausible.

Rulings

The court dismissed Hill’s Section 1983 claims against the Westchester County Jail for failure to state a claim. It held that the jail is not a “person” subject to liability under Section 1983. The opinion says the court understood Hill’s claims against the jail to be only Section 1983 claims.

The court added the County of Westchester as a defendant under Rule 21, which allows a court to add a party when appropriate. Although Hill did not name the County directly, the court concluded that his naming of the jail, which the opinion describes as owned and operated by the County, suggested that he intended to sue the County. The addition was without prejudice to defenses the County might later assert.

The court ordered the Clerk of Court to issue summonses and prepare service paperwork for Romanych, Jones, and the County of Westchester, and directed the United States Marshals Service to serve them. It extended the service period to 90 days after the summonses are issued. The court also directed the Westchester County Attorney to provide Hill and the court, within 60 days, with the full identities, badge numbers, and service addresses of the unidentified officer and other jail officials who were present during the alleged incident. Hill must file an amended complaint naming newly identified individuals within 30 days after receiving that information; the amended complaint will replace, rather than supplement, the original complaint.

Finally, the court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This order did not decide whether Hill’s remaining constitutional or state-law claims will ultimately succeed.