Broder v. Westchester County Department of Corrections

Background

Justin Broder filed this action while he was held in the Westchester County Jail and is proceeding without a lawyer. He seeks damages and injunctive relief, meaning a court order requiring or preventing particular conduct. The complaint names the Westchester County Department of Corrections, Correction Officer Lala, and Correction Sergeant Buckley as defendants.

The court understood the complaint to assert claims under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by people acting under state authority, as well as claims under state law. The opinion does not decide the merits of those claims.

Prior fee decision and service instructions

On September 22, 2025, the court granted Broder permission to proceed without prepaying filing fees. Because he received that permission, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.

The Clerk of Court was instructed to issue a summons for each defendant, complete a USM-285 service form for each defendant, and provide the U.S. Marshals Service with the documents needed to serve the summonses and complaint. The order states that if service is not completed within 90 days after the summonses are issued, Broder should request an extension of time. Broder must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Ruling

Judge Philip M. Halpern ordered the Clerk to mail Broder an information package and arrange service on the Westchester County Department of Corrections, Correction Officer Lala, and Correction Sergeant Buckley. This order addresses the mechanics of starting the case and does not resolve the alleged constitutional or state-law violations.