Fabio Manuel Guzman Espinal v. VA Department of Veterans Affairs Bronx, NY

Background

Fabio Manuel Guzman Espinal, who was proceeding without a lawyer, brought an action under the court’s federal-question jurisdiction. He alleged that his rights were violated when an employee of the United States Department of Veterans Affairs inappropriately touched him. He named “VA Department of Veterans Affairs (VA) Bronx, NY” as the defendant.

The court had previously granted his request to proceed without prepaying filing fees. The court understood the complaint to assert claims under the Federal Tort Claims Act, a federal law governing certain tort claims against the United States.

Defendant substitution

The court held that the only proper defendant for a Federal Tort Claims Act claim is the United States of America. It dismissed Plaintiff’s claims against “VA Department of Veterans Affairs (VA) Bronx, NY.” Because the complaint clearly intended to assert a Federal Tort Claims Act claim against the United States, the court construed the complaint as asserting a claim against the United States and directed the Clerk of Court to amend the caption by substituting the United States for the VA. The court stated that this amendment was without prejudice to any defenses the United States may assert.

Service

Because Plaintiff was allowed to proceed without prepaying filing fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service process form for service on the United States, mark it for service on the United States, issue a summons, and provide the necessary paperwork to the U.S. Marshals Service.

The court stated that if the complaint was not served within 90 days after the summons was issued, Plaintiff should request an extension of time. Plaintiff was also required to notify the court in writing if his address changed, and the court stated that it could dismiss the action if he failed to do so.

Disposition

Judge Ronnie Abrams dismissed Plaintiff’s claims against “VA Department of Veterans Affairs (VA) Bronx, NY” and directed the Clerk of Court to add the United States of America as a defendant. The court also directed the Clerk to issue the summons and arrange service through the U.S. Marshals Service. Finally, the court certified that an appeal from the order would not be taken in good faith and denied Plaintiff permission to proceed without prepaying fees for an appeal.