Reid v. The City of New York

Background

Cedric Reid, who was incarcerated at Sing Sing Correctional Facility and was representing himself, brought this action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by persons acting under government authority. The defendants named in the caption included the City of New York, Martha W. King, Cyrus R. Vance, Jr., Lisa Franchini, Securus Technologies, and Laura S. Mello.

Reid’s original complaint included claims against Vance and Franchini, whom the opinion identifies as members of the New York District Attorney’s Office. On July 13, 2021, the court dismissed those earlier claims after finding that Vance and Franchini were immune from suit for alleged acts performed within the scope of their official duties. Reid’s amended complaint, docketed on September 1, 2021, asserted new claims against them.

Screening of the Amended Complaint

The Prison Litigation Reform Act requires courts to screen claims brought by prisoners against governmental entities and their officers or employees. At this stage, the court must dismiss claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant.

The court concluded that Reid’s amended claims against Vance and Franchini passed that initial screening threshold. It found that the amended complaint adequately alleged their personal involvement in actions that violated Reid’s constitutional rights. It also found that the complaint sufficiently alleged that their actions were investigative and administrative in nature. The court explained that prosecutors performing those functions receive qualified immunity rather than absolute immunity, according to the authorities cited in the opinion.

Ruling and Service

The court directed service of the summons and amended complaint on Vance and Franchini. It ordered that the time to serve them be extended until 90 days after a second amended summons was issued for each defendant. The Clerk of Court was directed to issue those summonses, complete the required service form with the addresses provided in the order, and deliver the necessary documents to the U.S. Marshals Service. The court also directed the Clerk to mail Reid a copy of the order.

This order concerns initial screening and service. It does not decide whether Reid will ultimately prevail on the amended claims.