Correa v. Ginty

Background

Anthony Correa, who was detained in the Sullivan County Jail, filed a self-represented action under 42 U.S.C. § 1983, a federal law that permits claims against state or local officials for violating constitutional rights. The court had granted Correa permission to proceed without paying the filing fee upfront.

Correa alleged that Deputy Torres, Sergeant Lynch, Corporal Matis, and Deputy CO Anthony Gurrieri entered his cell and repeatedly punched him. He also alleged that Nurse Wendy failed to treat his injuries.

Screening of the Claim Against Captain Ginty

The court screened the complaint under the Prison Litigation Reform Act. That law requires dismissal of a prisoner’s complaint, or part of it, if it is frivolous, malicious, fails to state a legally viable claim, seeks money from an immune defendant, or falls outside the court’s subject-matter jurisdiction.

The court dismissed Correa’s claims against Captain James Ginty for failure to state a claim. It explained that a § 1983 defendant must have been personally involved in the alleged constitutional violation. A person cannot be held liable merely because he or she supervised or employed someone who allegedly violated the plaintiff’s rights. The court found that Correa alleged no facts showing how Captain Ginty was personally involved in the events underlying the claims.

Adding Defendants and Service

Under Federal Rule of Civil Procedure 21, the court directed the Clerk of Court to add Deputy Torres and Nurse Wendy as defendants. The court stated that this amendment was without prejudice to any defenses those defendants might later assert.

Because Correa was proceeding without prepaying the filing fee, the court directed the U.S. Marshals Service to serve Sergeant Lynch, Corporal Matis, Deputy CO Anthony Gurrieri, Deputy Torres, and Nurse Wendy. The court extended the service deadline to 90 days after the summonses are issued. It also directed the Clerk to prepare the required service forms, issue the summonses, and send the necessary papers to the Marshals Service.

Discovery and Appeal-Fee Ruling

The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must serve responses to specified discovery requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

The court directed that a copy of the order and an information package be mailed to Correa. It certified that any appeal from the order would not be taken in good faith and denied Correa permission to proceed without prepaying fees for an appeal.

Disposition

The court dismissed Correa’s claims against Captain James Ginty, directed the Clerk to add Deputy Torres and Nurse Wendy as defendants, and directed issuance of summonses and service materials for the five defendants identified for service.