Shine v. The New York City Department of Correction

Background

Towanda Shine brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, alleging that her employer discriminated against her. The court had previously allowed her to proceed without paying filing fees under the federal statute governing fee waivers for people who cannot afford them.

Department of Correction as Defendant

The court held that the New York City Department of Correction, as an agency of New York City, is not an entity that can be sued separately. The court relied on the New York City Charter and federal decisions stating that municipal agencies generally cannot be sued in their own names.

Because Shine was representing herself and the complaint clearly showed an intention to assert claims against New York City, the court construed the complaint as bringing those claims against the City. Under Federal Rule of Civil Procedure 21, the court directed the clerk to replace the Department of Correction with the City of New York in the case caption and add the City as a defendant. The court stated that this amendment was without prejudice to defenses the City might assert.

Disposition

The court dismissed Shine’s claims against the New York City Department of Correction under 28 U.S.C. § 1915(e)(2)(B)(i). It directed the clerk to notify the Department of Correction and the New York City Law Department and requested that the City waive service of the summons. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.

The opinion addressed the proper defendant and the appeal-fee issue; it did not decide whether Shine’s alleged employment discrimination occurred or whether her Title VII claims had merit.