Bettis v. Putnam County Correctional Facility

Background

Zubearu Bettis, who was being held at the Westchester County Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, alleging violations of his federal constitutional rights. The court also understood the complaint to assert claims under the Religious Land Use and Institutionalized Persons Act of 2000, a federal law concerning religious exercise by people in institutions. Bettis had permission to proceed without prepaying the filing fee.

Screening of the Facility Claims

The court dismissed Bettis’s claims against the Putnam County Correctional Facility. It concluded that a correctional facility is not a legally recognized “person” that can be sued under § 1983. Because Bettis clearly intended to bring claims against Putnam County, the court construed the complaint as asserting claims against the county and directed the Clerk of Court to add Putnam County as a defendant. The court stated that this amendment did not prevent Putnam County from raising defenses.

Service of the Lawsuit

Because Bettis had permission to proceed without prepaying the filing fee, the court ordered the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve Sergeant Villani, Correction Officer Lotts, Putnam County, and Putnam County Sheriff Langley. The court extended the service deadline until 90 days after the summonses are issued. Bettis was required to notify the court in writing if his address changed.

Identifying Unnamed Defendants

The complaint referred to three unnamed correction officers and one unnamed kitchen employee. Under a procedure allowing a court to help identify an unknown defendant, the court ordered the Putnam County Law Department to determine their identities and service addresses and provide that information to Bettis and the court within 60 days.

Bettis must file an amended complaint naming those defendants within 30 days after receiving the identification information. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, arrange for service on the newly named defendants.

Discovery and Disposition

The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond within 120 days after service to specified discovery requests, including interrogatories and requests for documents, and must quote each request verbatim in their responses.

Judge Cathy Seibel directed the Clerk of Court to mail Bettis a copy of the order and an information package, dismissed the claims against the Putnam County Correctional Facility, added Putnam County as a defendant, and ordered the listed service steps. 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.