Valentine v. Westchester County

Background

This was a civil-rights action brought under Section 1983, a federal law that allows claims for violations of constitutional rights by state or local officials. Spano moved to dismiss the second amended complaint. Valentine was representing himself and had been permitted to proceed without paying filing fees.

The court had extended Valentine’s deadline to oppose the motion to February 18, 2020. Valentine filed his opposition on February 5, 2020. He conceded that dismissal was appropriate as to Spano because the amended complaint did not meet Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to provide a sufficient, understandable statement of the claim. Valentine argued that the allegations against Zuzulo should not be dismissed.

Zuzulo’s Response

The docket showed that Zuzulo, identified as a City of New Rochelle police officer, had purportedly been served on December 16, 2019, and that his answer was due January 6, 2020. He had not answered, moved, or otherwise responded to the second amended complaint by the date of the order.

Ruling

Judge Vincent L. Briccetti granted Spano’s motion to dismiss and directed the Clerk to terminate Spano from the case. The court extended Zuzulo’s time to answer, move, or otherwise respond to the second amended complaint until March 2, 2020. The court stated that, if Zuzulo did not respond by that date, it would permit Valentine to move for default judgment.

The court also ordered that a copy of the order and the certificate of service be mailed to Kathleen Gill, Esq., of the City of New Rochelle Law Department, and that a copy of the order be mailed to Valentine. It certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal.