Palompelli v. Smith

Background

Frank Palompelli, who is incarcerated and representing himself, brought an action under 42 U.S.C. § 1983, a federal law allowing claims against a person acting under state authority for violating federal constitutional or statutory rights. He sought damages from Jillian Smith, Frederick Bernstein, Carl J. Koenigsman, and the “Green Haven C.F. Medical Dept.” The court had already allowed him to proceed without prepaying the filing fee.

Screening of the Complaint

The Prison Litigation Reform Act required the court to screen the complaint. The court explained that it had to dismiss any portion that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s jurisdiction.

The court dismissed Palompelli’s § 1983 claims against the “Green Haven C.F. Medical Dept.” for failure to state a claim. It held that a correctional facility’s medical department is not a “person” for purposes of § 1983. The opinion does not dismiss the claims against Smith, Bernstein, or Koenigsman at this stage.

Service of the Remaining Defendants

Because Palompelli was allowed to proceed without prepaying the filing fee, the court directed the U.S. Marshals Service to serve Smith, Bernstein, and Koenigsman. The court extended the service deadline until 90 days after summonses are issued for those defendants. It instructed the clerk to issue the summonses, complete the required service forms, and provide the necessary papers to the Marshals Service.

Disposition

The court dismissed Palompelli’s claims against the “Green Haven C.F. Medical Dept.” It directed service on Smith, Bernstein, and Koenigsman. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order further required Palompelli to notify the court in writing of any address change.