Ponce-Melendres v. Doe

Background

Luis E. Ponce-Melendres, who was being held as an immigration detainee at Bergen County Jail in Hackensack, New Jersey, brought this action without a lawyer under 42 U.S.C. § 1983, seeking damages. He named “John Doe Orange County Jail Administration Off.,” “John Doe Orange County Facility,” and “John Doe Orange County Sheriffs Off.” as defendants. The court understood the complaint to assert that Orange County Jail officials failed to protect him, along with related state-law claims. The court had previously allowed him to proceed without paying filing fees.

Screening and party changes

Because Ponce-Melendres was allowed to proceed without paying fees, the court was required to dismiss any claim that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also had to read a self-represented litigant’s allegations liberally.

The court stated that a claim under § 1983 requires facts showing each individual defendant’s direct and personal involvement in the alleged constitutional violation. Ponce-Melendres alleged no facts showing personal involvement by the named defendants. Under Federal Rule of Civil Procedure 21, which permits a court to add or drop parties, the court dismissed the claims against those defendants because Ponce-Melendres had not stated a claim against them or shown that they were properly joined.

The court added Correctional Officer Donohue, Correctional Sergeant Colby, and the County of Orange as defendants. Although Ponce-Melendres did not name Donohue or Colby as defendants, the court found that he referred to them and alleged enough facts to suggest their personal involvement. The court also added the County because the complaint named or referred to what appeared to be County entities. The court stated that these additions did not prevent Donohue, Colby, or the County from asserting defenses.

Service and discovery

Because Ponce-Melendres was proceeding without paying fees, the court ordered the U.S. Marshals Service to serve Donohue, Colby, and the County. The court extended the service period to 90 days after summonses were issued for those defendants. It instructed the Clerk to issue the summonses, complete the required service forms, and provide the necessary documents to the Marshals Service.

The court also held that Local Civil Rule 33.2 applied. That rule requires certain defendants in prisoner cases to answer specified discovery requests. Donohue, Colby, and the County were ordered to respond within 120 days after service of the complaint.

Conclusion

The court dismissed Ponce-Melendres’s claims against the named defendants under Rule 21. It added Donohue, Colby, and the County of Orange as defendants, ordered issuance and service of process, and required those defendants to comply with Local Civil Rule 33.2. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Vincent L. Briccetti signed the order on December 14, 2020.