Santana v. Westchester County Department of Corrections

Background

Ricardo Santana, who is detained at Westchester County Jail, filed this action without a lawyer. He alleged violations of his federal constitutional rights. The court construed those allegations as claims under 42 U.S.C. § 1983, a federal law that allows claims for constitutional violations by state or local officials. The court also said the complaint could be read to assert claims under Title II of the Americans with Disabilities Act and the Rehabilitation Act.

The court had previously granted Santana permission to proceed without prepaying filing fees. Because Santana is a prisoner proceeding under that permission, the Prison Litigation Reform Act required the court to screen the complaint. Screening requires dismissal of claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

Claims Against the Individual Defendants

Santana named Correction Officers Mallory and Adler and Sergeant Rodriguez as individual defendants. The complaint did not include allegations describing what any of these defendants did or failed to do that violated Santana’s rights. The court held that the complaint therefore did not satisfy Rule 8 of the Federal Rules of Civil Procedure, which requires a short and plain statement showing entitlement to relief.

The court dismissed Santana’s claims against Mallory, Adler, and Rodriguez for failure to state a claim, without prejudice to Santana’s repleading those claims in any amended complaint that he is permitted to file.

Service on Westchester County Department of Correction

The court did not dismiss the claims against Westchester County Department of Correction at this stage. Because Santana was allowed to proceed without prepaying fees, the court ordered the Clerk of Court to prepare the required service form, issue a summons, and provide the necessary papers to the U.S. Marshals Service so that the Marshals Service could serve Westchester County Department of Correction.

The order states that service must occur within 90 days after the summons is issued. It also states that Santana should request an extension if service is not completed within that period. The court directed Santana to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

The court dismissed the claims against Mallory, Adler, and Rodriguez without prejudice to repleading. It directed the Clerk of Court to issue a summons and arrange for service on Westchester County Department of Correction, and directed that an information package be mailed to Santana.