Pena v. Westchester County Department of Corrections

Background

Alejandro Pena, who is detained at Westchester County Jail, filed this action without a lawyer. He brings claims under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local actors. The court had previously allowed him to proceed without prepaying the filing fee.

Defendant change

The court dismissed the Westchester County Department of Corrections as the defendant and added the County of Westchester under Rule 21 of the Federal Rules of Civil Procedure. Rule 21 allows a court to add or remove parties when appropriate. The court reasoned that the Department is an entity of Westchester County and that the County was the proper institutional defendant. The court stated that adding the County would not prevent it from raising any defenses.

Service and case administration

Because Pena was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare the paperwork needed for the U.S. Marshals Service to serve the County. The court extended the service period to 90 days after summonses issue. Pena must notify the court in writing if his address changes, and the court stated that the action may be dismissed if he does not do so.

The court also ruled that Local Civil Rule 33.2 applies. Under that rule, the defendant must respond to specified interrogatories and document requests within 120 days after service of the complaint, quoting each request verbatim in its responses. The court sent Pena an application to request pro bono, or free, counsel because his complaint mentioned wanting counsel, although he had not formally requested it.

Disposition

Judge Kenneth M. Karas dismissed the Westchester County Department of Corrections as a defendant, added the County of Westchester as a defendant, directed service, and ordered that Local Civil Rule 33.2 apply. The opinion does not decide the merits of Pena’s constitutional claims. There is an apparent inconsistency in the conclusion: it directs the Clerk to issue a summons and complete service paperwork for “Defendant WCDOC,” while the body of the order directs service on the County of Westchester.