Debellis v. Massing

Background

Anthony F. Debellis, also known as Gianfranco, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal statute that allows claims for violations of constitutional rights by persons acting under state law. He was incarcerated at the Otis Bantum Correctional Center on Rikers Island. The amended complaint named New York State, Putnam County, Police Officers Michael Nagle and Michael Russo, Troopers Daniel Dworkin and Stephen Schmoke, and Assistant District Attorneys Patricia Rau, Larry Glasser, Brianne Smith, and McKenzie Ferguson.

The court had previously allowed Debellis to proceed without prepaying the filing fee and had directed him to file an amended complaint describing each defendant’s personal involvement and supporting his false-arrest and malicious-prosecution claims. The court’s earlier order also dismissed claims against Joanne Massing and the four assistant district attorneys. The amended complaint later named the four assistant district attorneys again but did not name Massing.

Legal standards

Because Debellis was allowed to proceed without prepaying the filing fee, the court was required to screen the complaint. Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a claim that is frivolous, malicious, fails to state a claim for relief, or seeks money from a defendant immune from that relief. The court also must dismiss a case when it lacks subject-matter jurisdiction. Although pleadings filed without a lawyer are read liberally, they still must provide enough factual information to make a claim plausible under the Federal Rules of Civil Procedure.

Claims against the assistant district attorneys

The court explained that prosecutors generally have absolute immunity from civil damages claims for actions within their official duties that are closely connected to the judicial phase of a criminal case. The court also stated that this protection covers certain administrative obligations directly connected with conducting a trial.

The court read Debellis’s allegations as asserting that the assistant district attorneys pursued false charges and participated in or allowed a neighbor to be coerced or misled. Because the allegations appeared to concern actions within the prosecutors’ official duties and connected with the conduct of a trial, the court ordered Debellis to show cause—meaning to explain—why the claims against Rau, Glasser, Smith, and Ferguson should not be dismissed for failure to state a claim.

Claims against New York State

The court stated that states generally cannot be sued in federal court unless they waive their Eleventh Amendment immunity or Congress removes that immunity. The court concluded that New York had not waived its immunity and that Congress had not removed it through § 1983. The court therefore also ordered Debellis to show cause why his claims against New York State should not be dismissed for failure to state a claim.

Service on remaining defendants

The court directed the Clerk of Court to prepare service forms and instructed the U.S. Marshals Service to serve Putnam County, Russo, Nagle, Dworkin, and Schmoke. Because Debellis was proceeding without prepaying the filing fee, the court extended the service deadline to 90 days after the summons was issued. The court said Debellis should request more time if service was not completed within that period and warned that the case could be dismissed if he failed to notify the court of an address change.

Disposition

The court did not dismiss the challenged claims in this order. Instead, it ordered Debellis to respond by March 2, 2020, explaining why the claims against New York State and the four assistant district attorneys should not be dismissed. It directed service on the other listed defendants. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.