D’Angelo v. Deputy Andrew Foertsch

Background

Kaitlyn D’Angelo, who was representing herself, brought this action under 42 U.S.C. § 1983, alleging that Deputy Andrew Foertsch and the Sullivan County Sheriff’s Office violated her rights. The court had previously granted her permission to proceed without prepaying filing fees.

Screening standard

Because D’Angelo was proceeding without prepaying fees, the court reviewed the complaint under the federal statute governing fee-free cases. That statute requires dismissal of a complaint or part of a complaint that is frivolous, malicious, fails to state a legally sufficient claim, or seeks money from a defendant protected from that relief. The court must also dismiss a case when it lacks authority to hear the dispute. At the same time, the court must interpret a self-represented plaintiff’s allegations generously and consider the strongest claims reasonably suggested by the complaint.

Claims against the Sheriff’s Office

The court dismissed D’Angelo’s claims against the Sullivan County Sheriff’s Office. It explained that, under New York law, municipal departments and agencies generally do not have a separate legal identity from the municipality and generally cannot be sued independently. The court noted that it was unclear whether the Sullivan County Charter gives the Sheriff’s Office the capacity to be sued, but stated that prior decisions in the district supported treating it as not independently suable.

Because D’Angelo was self-represented and clearly intended to assert claims against Sullivan County, the court construed the complaint as asserting claims against Sullivan County instead. Under Federal Rule of Civil Procedure 21, the court directed the clerk to replace the Sheriff’s Office with Sullivan County in the case caption. The court stated that the substitution was without prejudice to any defenses Sullivan County might assert.

Service of process

The court directed the clerk to issue summonses for Sullivan County and Deputy Foertsch, complete the required U.S. Marshals Service forms with the defendants’ addresses, and provide the necessary documents to the U.S. Marshals Service. Because D’Angelo was permitted to proceed without prepaying fees, she could rely on the court and the Marshals Service to carry out service.

The court explained that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, D’Angelo should request an extension. The court also directed her to notify the court in writing of any address change and warned that the action may be dismissed if she fails to do so.

Disposition

Judge Jessica G. L. Clarke dismissed D’Angelo’s claims against the Sullivan County Sheriff’s Office, directed the clerk to add Sullivan County as a defendant and terminate the Sheriff’s Office, and ordered issuance of summonses and service by the U.S. Marshals Service on Sullivan County and Deputy Foertsch. The order does not decide whether D’Angelo’s underlying allegations are true or whether she will ultimately prevail.