McKenzie

Background

Cecil McKenzie is representing himself and is detained at West Facility on Rikers Island. He brought an action 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 court had previously allowed McKenzie to proceed without paying filing fees in advance. His complaint did not include a caption naming an opposing party, so the Clerk of Court had captioned the case without a formally designated defendant.

Adding the City as a Defendant

Federal Rule of Civil Procedure 21 permits a court, on a party’s motion or on its own, to add or remove a party when appropriate. The court explained that this rule gives courts discretion to organize a case in the interests of efficiency and justice, including adding a defendant who is discussed in the body of a complaint even if not named in its caption.

Because the New York City Department of Correction operates West Facility, and because McKenzie was representing himself and clearly intended to assert claims against the City of New York, the court construed the complaint as asserting claims against the City. The court directed the Clerk of Court to add the City of New York as a defendant under Rule 21.

Other Directives and Disposition

The court directed the Clerk to electronically notify the New York City Department of Correction and the New York City Law Department. It requested that the City waive service of the summons and directed the Clerk to mail McKenzie a copy of the order and an information package.

The court stated that adding the City was without prejudice to any defenses the City may assert. The order addressed the case’s parties and service process; it did not decide the merits of McKenzie’s constitutional claims.

Judge

The order was signed by Analisa Torres, United States District Judge.