Vasquez v. Doe

Background

Kim Vasquez brought this action while incarcerated and without a lawyer. The court had permitted Vasquez to proceed without paying the filing fee in advance. After an earlier amended complaint, Vasquez filed a second amended complaint, which became the operative pleading. The second amended complaint added Michael Warren, Thomas Murray, Sergeant N. Whalen, A. Esposito, P. Van Cura, the Orangetown Police Department, the South Nyack-Grand View Police Department, the Pavion Apartments, Simcha Ungar, Chaim M. Stekel, and Christine Santaite as defendants. Sheriff Louis Falco III had previously been added as a defendant, and service had been completed on him.

Screening standard

The court explained that it must dismiss all or part of a complaint filed by a person proceeding without prepaying the filing fee if the complaint is frivolous, malicious, fails to state a legally valid claim, or seeks money from a defendant protected from such relief. The court must also dismiss a case when it lacks authority to hear the subject matter. At the same time, the court must read filings by people without lawyers generously and interpret them to present the strongest claims reasonably suggested by the allegations.

Claims against the police departments

The court dismissed Vasquez’s claims against the Orangetown Police Department and the South Nyack-Grand View Police Department. It held that, under New York law, municipal agencies and departments do not have the legal capacity to be sued separately from the municipality. The dismissal was for failure to state a claim on which relief could be granted under 28 U.S.C. § 1915(e)(2)(B)(ii).

Service on the remaining defendants

Because Vasquez was permitted to proceed without prepaying the filing fee, the court ordered the Clerk of Court and the U.S. Marshals Service to handle service of the second amended complaint and summonses. The court extended the service deadline until 90 days after the summonses were issued. It instructed the Clerk to prepare service forms and deliver the necessary papers to the Marshals Service for Michael Warren, Thomas Murray, Sergeant N. Whalen, A. Esposito, P. Van Cura, the Pavion Apartments, Simcha Ungar, Chaim M. Stekel, and Christine Santaite. The court stated that Vasquez should request more time if service was not completed within that period and warned that the action could be dismissed if Vasquez failed to report an address change.

Conclusion and appeal

Judge Cathy Seibel ordered the Clerk to mail the order to Vasquez and record service of the order on the docket. The court dismissed the claims against the two police departments, directed issuance of summonses and service on the listed remaining defendants, and certified that any appeal would not be taken in good faith. Permission to proceed without prepaying fees was therefore denied for purposes of an appeal.