Stubbs v. Moore

Background

Cornelius Stubbs, who was detained in the Orange County Jail, brought a lawsuit under 42 U.S.C. § 1983, a federal law that allows claims against state or local officials for violating federal rights. Stubbs proceeded without a lawyer and had permission to proceed without prepaying the filing fee. He alleged that the defendants violated his federal constitutional rights.

The defendants named in the caption included Detective Kevin Moore, Badge #77; three unnamed New Windsor police officers; the New Windsor Police Department; and the Town of New Windsor. Stubbs alleged that the three unnamed officers searched his home on September 21, 2019.

Screening and Claims Against the Police Department

Because Stubbs was a prisoner proceeding without prepaying the filing fee, the court was required to screen his complaint under the Prison Litigation Reform Act. That screening requires dismissal of claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

The court dismissed Stubbs’s claims against the New Windsor Police Department under 28 U.S.C. § 1915(e)(2)(B)(ii). It explained that, under New York law, municipal departments and agencies that are merely administrative arms of a municipality do not have a separate legal identity and cannot be sued independently.

Service of Process

Because Stubbs had permission to proceed without prepaying fees, the court ordered the Clerk of Court to issue summonses and provide the necessary documents to the U.S. Marshals Service for service on Detective Kevin Moore and the Town of New Windsor. The court extended the service deadline until 90 days after the summonses were issued. It stated that Stubbs should request an extension if service was not completed within that period.

The court also required Stubbs to notify the court in writing of any address change and warned that the action could be dismissed if he failed to do so.

Identifying the Unnamed Officers

Under a procedure allowing a self-represented litigant to obtain help identifying an unnamed defendant, the court directed the Town Attorney for the Town of New Windsor to determine the identities, badge numbers, and service addresses of the three unnamed officers. The Town Attorney was required to provide that information to Stubbs and the court within 60 days of the order.

Stubbs was required to file an amended complaint naming those officers within 30 days after receiving the information. The court explained that the amended complaint would replace, rather than supplement, the original complaint. After the amended complaint was filed, the court would screen it and, if necessary, arrange for service on the newly identified defendants.

Disposition

The court dismissed the claims against the New Windsor Police Department. It directed the Clerk to send the order and related materials to Stubbs, issue summonses and service paperwork for Detective Kevin Moore and the Town of New Windsor, and send the order and complaint to the Town Attorney. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.