Nelkenbaum v. State of New York

Background

Yehuda Nelkenbaum, proceeding without a lawyer, alleged that he was falsely arrested and maliciously prosecuted. The court had previously allowed him to proceed without prepaying filing fees. Because he was proceeding without prepaying fees, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal of an action, or part of an action, that is frivolous, malicious, fails to state a claim, or seeks money from a defendant who is immune from such relief. The court also noted that it must dismiss a case when it lacks subject-matter jurisdiction.

Claims Against the Town of Fallsburg

The court dismissed Nelkenbaum’s claims against the Town of Fallsburg. For a claim under 42 U.S.C. § 1983 against a municipality, a plaintiff must allege that the municipality itself caused the constitutional violation through a policy, custom, or practice. The court found that Nelkenbaum had not alleged facts suggesting that a Town of Fallsburg policy, custom, or practice caused a violation of his constitutional rights.

Claims Against the Police Department

The court also dismissed the claims against the Town of Fallsburg Police Department. It relied on New York law providing that municipal agencies and departments that lack a separate legal identity cannot be sued.

Service on Individual Defendants

The court ordered the Clerk of Court to issue summonses and provide the necessary paperwork to the U.S. Marshals Service for service on Police Officer Jordy, Police Officer Chavalier, Sergeant Schevering, and Assistant Sullivan County District Attorney Leigh Wellington. Because Nelkenbaum was proceeding without prepaying fees, he was entitled to rely on the court and the Marshals Service to carry out service. The court extended the service deadline to 90 days after the summonses were issued and stated that Nelkenbaum should request an extension if service was not completed within that period.

Unnamed Defendants and Appeal

The court declined at that time to seek the identities of John Doe and Jane Doe defendants. It stated that Nelkenbaum had made no allegations against them and had not provided enough information for their identities to be determined. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.