Griffith v. Clarkstown Police Dept.

Background

Brandon Griffith filed this prisoner civil-rights case under 42 U.S.C. § 1983 and sought damages. He was representing himself. He filed the complaint while incarcerated at Auburn Correctional Facility and was later serving a term of parole supervision. The defendants named in the complaint were the Clarkstown Police Department; Police Officer Papenmeyer, Badge No. 508; an unidentified Clarkstown Police Sergeant identified as “John Doe”; “AMKC Rikers Island”; “Harts Island”; AMKC Deputy Warden Foo; and an unidentified AMKC physician identified as “Dr. Jane Doe.” The opinion explains that “AMKC” refers to the Anna M. Kross Center on Rikers Island.

The court had previously allowed Griffith to proceed without prepaying filing fees. Under the Prison Litigation Reform Act, a federal court must screen certain prisoner complaints and dismiss claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s jurisdiction.

Claims Against the Clarkstown Police Department and Official-Capacity Claims

The court dismissed Griffith’s claims against the Clarkstown Police Department because, under New York law, a municipal department does not have a separate legal identity that allows it to be sued. The court also dismissed Griffith’s claims against Papenmeyer and Sgt. John Doe in their official capacities. It stated that an official-capacity claim against a local government officer is treated as a claim against the municipality itself, and that the municipality can be sued directly.

The court construed Griffith’s complaint as intending to assert claims against the Town of Clarkstown. It directed the Clerk of Court to add the Town as a defendant. The court stated that this addition was without prejudice to any defenses the Town might raise.

Service and Identification of Sgt. John Doe

Because Griffith was allowed to proceed without prepaying fees, the court ordered the Clerk of Court and the U.S. Marshals Service to handle service of the summons and complaint. The court directed that summonses and service paperwork be prepared for Papenmeyer and the Town of Clarkstown. It extended the time for service until 90 days after summonses were issued for those defendants.

The court found that Griffith had provided enough information for the Clarkstown Police Department to identify Sgt. John Doe as the sergeant who allegedly arrested Griffith with Papenmeyer in May 2018 at a gas station in West Nyack, New York. It ordered the Town Attorney to provide Griffith and the court with Sgt. John Doe’s identity, badge number, and service address within 60 days.

After receiving that information, Griffith must file an amended complaint naming the newly identified defendant within 30 days. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, issue another order directing service.

Disposition

The court dismissed Griffith’s claims against the Clarkstown Police Department and his claims against Papenmeyer and Sgt. John Doe in their official capacities. It directed the Clerk of Court to add the Town of Clarkstown as a defendant and to arrange service on Papenmeyer and the Town. It also ordered the Town Attorney to identify Sgt. John Doe and provided an amended civil-rights complaint form.

Judge Philip M. Halpern certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The opinion states that claims against the other defendants would be addressed in a separate order.