Reid v. The City of New York

Background

Cedric Reid, who was incarcerated at Green Meadow Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that the New York City Department of Correction allowed prosecutors unfettered access to recordings of detainees’ personal calls from Rikers Island for use in criminal proceedings. He claimed that the warnings provided to inmates were misleading.

The court had previously granted Reid permission to proceed without prepaying the filing fee. Because Reid was a prisoner proceeding without prepayment of fees, the Prison Litigation Reform Act required the court to screen his complaint. The court had to dismiss claims that were frivolous or malicious, failed to state a claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction.

Claims Against Vance and Franchini

The court held that prosecutors have absolute immunity from civil suits seeking damages for actions within the scope of their official duties when those actions are closely connected to the judicial phase of a criminal case. The court also explained that this protection covers certain administrative actions directly connected to conducting a trial.

The court concluded that Reid’s claims against Cyrus R. Vance, Jr. and Lisa Franchini were based on actions within their official prosecutorial duties and associated with conducting a criminal trial. It therefore dismissed Reid’s claims against Vance and Franchini because they sought monetary relief from defendants immune from that relief.

Service of Process

Because Reid was allowed to proceed without prepaying fees, he was entitled to rely on the court and the U.S. Marshals Service to serve process. The court extended the service deadline to 90 days after the summons was issued, rather than 90 days after the complaint was filed. It stated that Reid should request an extension if service was not completed within that period.

The court directed the Clerk of Court to prepare the required service forms, issue summonses, and provide the necessary papers to the U.S. Marshals Service for service on Securus Technologies and Martha W. King, identified in the order as the Executive Director of the Board of Correction. The court also directed the Clerk to notify the New York City Department of Correction and the New York City Law Department and requested that the City of New York waive service of summons.

Disposition

Judge Katherine Polk Failla dismissed the claims against Cyrus R. Vance, Jr. and Lisa Franchini. The order directed steps for serving Securus Technologies and Martha W. King and requested that the City of New York waive service. It also required Reid to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.