Edwards v. Gizzi

Background

Clint Edwards, who was incarcerated at Sing Sing Correctional Facility, brought this self-represented action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. He alleged that the defendants violated his federal constitutional rights. The court had previously allowed Edwards to proceed without paying the filing fee upfront, although the opinion noted that prisoners remain responsible for paying the full filing fee over time.

Claims Against the United States

The court explained that sovereign immunity generally prevents lawsuits against the United States unless the government has waived that immunity. The Federal Tort Claims Act provides a waiver for certain damages claims based on tortious conduct by federal employees acting within the scope of their employment, but a claimant generally must first file an administrative claim with the appropriate federal agency and receive a final written decision, or wait six months without such a decision.

The court found that Edwards did not allege that he had filed an administrative claim, received a final written decision, or waited six months after filing such a claim. The court therefore dismissed Edwards’s claims against the United States without prejudice to filing an action asserting a Federal Tort Claims Act claim after exhausting the required administrative remedies.

Addition of Defendants

The court used Federal Rule of Civil Procedure 21, which allows a court to add or remove a party, to add Court Security Officers Anthony Mercurio and Walter Cook as defendants. Edwards had sued ten unidentified defendants and alleged that they were involved in restraining him during a November 30, 2018 incident. Incident reports attached to the complaint stated that Mercurio and Cook assisted United States Marshals Service personnel in gaining control of Edwards. The court stated that adding them was without prejudice to any defenses they might assert.

Service of the Complaint

Because Edwards was allowed to proceed without paying the filing fee upfront, he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after the summonses are issued. It instructed the Clerk of Court to complete service forms, issue summonses, and provide the necessary documents to the Marshals Service for service on Drew Gizzi, Robert Johnsten, Michael Lewis, Frank Pena, Anthony Mercurio, and Walter Cook.

The court also required Edwards to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.

Conclusion and Disposition

Judge Kenneth M. Karas directed the Clerk of Court to mail Edwards a copy of the order and an information package, amend the case caption to add Mercurio and Cook, and arrange service on the six named defendants. The court dismissed the claims against the United States without prejudice. It also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.