Edwards v. Rikers Island DOC

Background

Robert White filed a complaint on behalf of himself and 18 other detainees concerning the mattresses issued to them at the Otis Bantum Correctional Facility on Rikers Island. The complaint listed the 18 other detainees, and they signed it. The opinion states that White appeared to have filed the complaint, but also states that he could not represent the other plaintiffs because each person proceeding without a lawyer may represent only himself or herself.

Reason for Severance

The court discussed Rule 20, which permits multiple plaintiffs to proceed together when their claims arise from the same events and share legal or factual questions. It also applied Rule 21, which allows a court to separate claims when doing so will promote efficiency or avoid prejudice, expense, or delay.

The court concluded that the practical problems of managing a lawsuit involving multiple detained plaintiffs justified separate cases. Each plaintiff would have to personally sign future filings, but detainees could be released or transferred. Security restrictions would also limit their ability to discuss litigation strategy, exchange discovery, and share court filings. The court found that allowing the case to continue with all 19 plaintiffs would not be fair or efficient.

Ruling

The court severed the claims of all plaintiffs under Rule 21. Robert White will proceed as the sole plaintiff in this action. The Clerk of Court must open a separate civil action for each of the other 18 plaintiffs and docket the complaint and this order in each case. The new cases will proceed independently unless the court later orders otherwise. The order does not decide whether the claims may later be treated as related or consolidated, and it does not decide the merits of the detainees’ claims.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal.