Muhammad v. Hernandez

Background

Isaiah Muhammad sued Captain Hernandez and other defendants. The opinion does not identify the factual allegations or legal claims underlying the action.

Rulings

The court held that the New York City Department of Correction is a City agency that cannot be sued as a separate entity under New York City Charter chapter 17, section 396. It therefore dismissed Muhammad’s claims against the Department under 28 U.S.C. § 1915(e)(2)(B)(ii), the statute governing dismissal of certain claims filed without prepaying court fees. The opinion does not state that claims against the other defendants were dismissed.

The court determined that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain cases to answer specified, court-ordered discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days of the order and must quote each request word for word in their responses.

Service and Appeal

The Clerk of Court was directed to notify the New York City Department of Correction and the New York City Law Department. The court requested that the City of New York and Captain Hernandez waive service of the summons. The Clerk was also directed to mail Muhammad a copy of the order and an information package.

Judge J. Paul Oetken certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied fee-waiver status for purposes of an appeal.