George v. County of Westchester

Background

Llewellyn 8. George, proceeding without a lawyer, filed a complaint concerning events that occurred while he was held in the Westchester County Jail. He alleged that the Westchester County Department of Correction, Assistant Wardens A. Spaulding and Eric Middleton, Correction Captains Mabra and Roberts, and Correction Sergeants Kitt and Lopez violated rights protected by the First, Eighth, and Fourteenth Amendments. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal law that allows claims for certain constitutional violations by state or local officials. George sought damages and injunctive relief.

George was granted permission to proceed without paying the filing fees. The court therefore reviewed the complaint under the federal screening statute, which requires dismissal of claims that are frivolous, malicious, fail to state a legally sufficient claim, or seek money from an immune defendant. The court also explained that it must dismiss a case when it lacks subject-matter jurisdiction, meaning authority to hear the dispute.

Rulings on the Parties

The court found that George referred to Captain Vanlierop as a defendant throughout the complaint even though he did not include her in the caption. Because the complaint showed a clear intent to sue Vanlierop, the court directed the Clerk of Court to add her as a defendant. The court stated that this addition was without prejudice to any defenses Vanlierop might later assert.

The court dismissed George’s claims against the Westchester County Department of Correction. It held that municipal agencies and departments do not have a separate legal identity and cannot be sued under New York law. Because George clearly intended to sue the County of Westchester, the court construed the complaint as asserting claims against the County instead and directed the Clerk to replace the department with the County in the caption. That amendment was also without prejudice to any defenses the County might assert.

Service and Discovery

Because George was allowed to proceed without paying filing fees, the court directed the Clerk and the U.S. Marshals Service to issue summonses and serve the County, Captain Vanlierop, Assistant Warden Spaulding, Assistant Warden Middleton, Captain Mabra, Sergeant Kitt, Sergeant Lopez, and Captain Roberts. The court extended the service deadline to 90 days after the summonses were issued. It stated that George should request more time if the complaint was not served within that period.

The court also determined that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to respond to specified interrogatories and document requests. The listed defendants were directed to comply within 120 days after service of the complaint and to quote each discovery request verbatim in their responses.

Disposition

Judge Kenneth M. Karas dismissed George’s claims against the Westchester County Department of Correction, added Captain Vanlierop and the County of Westchester as defendants, directed service on the listed defendants, and required compliance with Local Civil Rule 33.2. The order did not decide the merits of George’s constitutional claims. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.