Delorenzo v. Sullivan County Jail Administration

Background

Paul J. Delorenzo, Jr., who was incarcerated at Sullivan County Jail, filed this pro se action under 42 U.S.C. § 1983. He alleged that defendants denied him medical and mental-health treatment during his detention. The court had previously granted him permission to proceed without prepaying the filing fee.

Screening standard

Because the plaintiff was a prisoner suing governmental entities or employees, the court was required to screen the complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. Screening requires dismissal of claims that are frivolous, malicious, fail to state a legally valid claim, seek relief from an immune defendant, or fall outside the court’s jurisdiction. The court also stated that it must read a complaint filed without a lawyer liberally and interpret it to raise the strongest claims reasonably suggested by the allegations.

Dismissed defendants

The court dismissed the claims against “Sullivan County Jail Administration” and “Health Care Services Administration.” It held that these entities were municipal departments without a separate legal identity and therefore could not be sued under New York law.

The court also dismissed the claims against the “Mental Health Administrator” without prejudice. The complaint did not allege facts showing that this defendant was personally involved, and it did not make clear whether the defendant was an identifiable person or a John Doe placeholder. “Without prejudice” means the dismissal did not bar Delorenzo from seeking permission to amend the complaint to add an individual defendant if he could allege supporting facts.

Service and appeal

The court directed the Clerk of Court to prepare forms and summonses so the U.S. Marshals Service could serve Mike Schiff, Eric Chaboty, Harold Smith, James Ginty, Christopher Bini, Officer Taylor, Dr. Weiss, Lynn Wilcox, Dr. Mirza, Wendy Moore, Jennie Norris, and Katie Slater. It extended the time for service until 90 days after the summonses were issued. The order also required Delorenzo to notify the court if his address changed.

The court certified under 28 U.S.C. § 1915(a)(3) that any 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 opinion does not decide the underlying allegations about denial of medical or mental-health treatment.