Curtis v. Rockland County Drug Task Force

Background

Cyril Curtis, who was incarcerated at Marcy Correctional Facility and represented himself, brought an action under 42 U.S.C. § 1983, a federal law allowing claims against state or local actors for violating federal rights. He alleged that defendants violated his rights during his July 3, 2018 arrest in Rockland County. The court had previously allowed him to proceed without paying the filing fee upfront.

Screening and dismissed defendants

Because Curtis was incarcerated and proceeding without paying the fee upfront, the court screened his complaint under the Prison Litigation Reform Act. The court must dismiss claims that are frivolous, malicious, fail to state a legally valid claim, seek money from an immune defendant, or fall outside the court’s jurisdiction.

The court dismissed Curtis’s claims against the “Rockland County Drug Task Force” and the “Rockland County Office of the Sheriff Department.” It held that neither a task force nor a sheriff’s department qualifies as a “person” that can be sued under Section 1983. The order does not state that the court dismissed Curtis’s claims against every other defendant.

Adding Rockland County

Because Curtis was representing himself and the complaint clearly intended to assert claims against Rockland County, the court treated the complaint as asserting claims against the County and directed the Clerk of Court to add Rockland County as a defendant. The order states that this amendment was without prejudice to any defenses Rockland County might later assert.

Service of the complaint

The court ordered the Clerk of Court to issue summonses and prepare service forms for Rockland County, Sheriff Louis Falco III, Officer Phillip Fantasia, and Officer John Casey. The Clerk was directed to provide the necessary paperwork to the U.S. Marshals Service so it could serve those defendants.

Identifying unnamed officers

Curtis identified four unnamed officers as John Does 1 through 4 and provided enough information for the Rockland County Sheriff’s Department to identify them as officers who participated in the July 3, 2018 search. Under a procedure that assists self-represented litigants in identifying unknown defendants, the court ordered the Rockland County Law Department to determine their identities and service addresses and provide that information to Curtis and the court within 60 days. Once identified, the court stated that it would treat the complaint as amended and issue a later service order.

The court also directed Curtis to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Disposition

The court dismissed the claims against the Rockland County Drug Task Force and the Rockland County Office of the Sheriff Department, added Rockland County as a defendant, and ordered steps to serve the named defendants and identify the John Doe defendants.