Melendez v. Orange County Jail

Background

Luis Melendez, who was incarcerated at Downstate Correctional Facility when the order was issued, filed a self-represented lawsuit under 42 U.S.C. § 1983. He alleged that, while he was detained at the Orange County Jail, the defendants violated his constitutional rights. The opinion does not describe the underlying events or specify the constitutional claims.

The court had previously granted Melendez permission to proceed without paying the filing fee upfront. Because Melendez was a prisoner proceeding without a lawyer and without paying the fee upfront, the court screened the complaint under the Prison Litigation Reform Act. The screening rules require dismissal of claims that are frivolous, malicious, inadequately pleaded, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court also explained that self-represented pleadings are read generously but still must include enough facts to make a claim plausible.

Claims Against the Jail and Medical Staff

The court dismissed Melendez’s claims against the Orange County Jail and the Orange County Jail Medical Staff. Section 1983 permits an action against a “person” who violates someone’s rights under the Constitution or federal law. Relying on the authorities cited in the order, the court concluded that the Orange County Jail and the Orange County Jail Medical Staff are not “persons” that can be sued under Section 1983. The court dismissed those claims under 28 U.S.C. § 1915(e)(2)(B)(ii).

Service on Named Defendants

Because Melendez was allowed to proceed without paying the filing fee upfront, the court ordered the Clerk of Court to issue summonses and prepare the required U.S. Marshals Service forms for Officer Carter, Dr. Salwa Khouri, Sgt. Ellis, and Sgt. Simoreli. The Marshals Service was directed to receive the necessary paperwork and serve those defendants.

The court extended the service deadline to 90 days after the summonses are issued. It stated that, if service is not completed within that period, Melendez should request an extension. Melendez was also required to notify the court in writing if his address changes.

Identification of the Classification Sergeant

The complaint provided enough information for the Orange County Jail to identify the Classification Sergeant, whose name was not supplied. Under the cited precedent, a self-represented litigant is entitled to the court’s assistance in identifying a defendant. The court therefore ordered the Orange County Attorney, identified as the attorney and agent for the Orange County Jail, to determine the Classification Sergeant’s identity and service address within 60 days.

Within 30 days after receiving that information, Melendez must file an amended complaint naming the Classification Sergeant. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, direct the Clerk to arrange service on the newly identified defendant.

Disposition

The court dismissed Melendez’s claims against the Orange County Jail and the Orange County Jail Medical Staff. It ordered the issuance of summonses and service through the U.S. Marshals Service for Officer Carter, Dr. Salwa Khouri, Sgt. Ellis, and Sgt. Simoreli. It also ordered identification of the Classification Sergeant and required an amended complaint naming that defendant. Finally, the court certified that an appeal would not be taken in good faith and denied permission to appeal without paying the filing fee. The date printed in the opinion is unclear; February 14, 2020 is the date supplied with the case materials.