Patterson v. Patterson
- Philip Halpern
- 7:20-cv-02552
- U.S. District Court · Southern District of New York
- 5
In Patterson v. Patterson, Judge Halpern dismissed Shawn J. Patterson’s federal civil-rights claims against private defendant Shawn Patterson and ordered service on the remaining defendants.
Shawn J. Patterson’s claims against private defendant Shawn Patterson were dismissed; the remaining defendants were subject to service through the U.S. Marshals Service. Fee-free status was denied for an appeal.
What happened
In Patterson v. Patterson, Shawn J. Patterson, representing himself, brought a federal civil-rights case under 42 U.S.C. § 1983, claiming that the defendants violated his constitutional rights. The court had allowed him to proceed without paying filing fees.
The court ruled that Shawn Patterson, identified as a landlord, was a private person who did not work for a state or other government body. Because § 1983 generally requires action under government authority, the court found that the complaint did not state a claim against him. The court ordered the U.S. Marshals Service to serve the remaining defendants and extended the service deadline to 90 days after summonses are issued.
Judge Philip M. Halpern dismissed Shawn J. Patterson’s claims against Shawn Patterson, ordered the Clerk of Court to prepare service materials for the remaining defendants, and denied fee-free status for any appeal because the appeal would not be taken in good faith.
The detailed version
- Patterson v. Patterson · No. 7:20-cv-02552
- Philip Halpern
- Apr. 23, 2020
Background
Shawn J. Patterson, proceeding without a lawyer, brought claims under 42 U.S.C. § 1983, a federal law that allows claims for constitutional-rights violations by people acting under state authority. He named Shawn Patterson, identified in the caption as a landlord, and Pamela Gambit, Nicole Woodin, Frank J. Palermo, Eric Hardin, Steve Roman, Farahashi M., Carlos Castro, Scott A. Sheehan, and James Tremper as defendants. The court had previously allowed Shawn J. Patterson to proceed without prepaying court fees.
Claim Against Shawn Patterson
The court explained that a § 1983 claim must allege facts showing that each defendant acted under color of state law—that is, by using authority provided by a state or local government. Private parties generally are not liable under § 1983. Because Shawn Patterson was a private party who did not work for a state or other government body, the court concluded that Shawn J. Patterson had not stated a § 1983 claim against him.
Service on Remaining Defendants
Because Shawn J. Patterson was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare U.S. Marshals Service process forms, issue summonses, and provide the necessary paperwork so the Marshals Service could serve the remaining defendants. The court extended the service period until 90 days after the summonses were issued. It stated that Shawn J. Patterson should request an extension if service was not completed within that period. The court also required him to notify the court in writing of any address change and stated that the action could be dismissed if he failed to do so.
Disposition
The court dismissed Shawn J. Patterson’s claims against Shawn Patterson under 28 U.S.C. § 1915(e)(2)(B)(ii). It ordered service on Pamela Gambit, Nicole Woodin, Frank J. Palermo, Eric Hardin, Steve Roman, Farahashi M., Carlos Castro, Scott A. Sheehan, and James Tremper. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Philip M. Halpern signed the order.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.