David v. Department of Corrections

Background

Robert David brought this action under 42 U.S.C. § 1983 without a lawyer. He was detained at the Anna M. Kross Center. He alleged that the defendants used excessive force, failed to protect him from a serious risk of harm, and subjected him to unconstitutional conditions of confinement. The court had previously granted his request to proceed without paying the filing fee at the start of the case, although the opinion notes that prisoners remain responsible for the full filing fee.

Screening and Claims Against the Department

The Prison Litigation Reform Act requires the court to screen prisoner complaints against governmental entities and their officers or employees. 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 subject-matter jurisdiction. The court must also interpret pleadings filed without a lawyer liberally and consider the strongest claims reasonably suggested by them.

The court dismissed David’s claims against the New York City Department of Correction because, as a City agency, it is not an entity that can be sued in its own name. Because David clearly intended to assert claims against New York City, the court directed the Clerk of Court to replace the Department with the City of New York under Rule 21 of the Federal Rules of Civil Procedure. The opinion states that this amendment is without prejudice to defenses the City may assert.

Service and Discovery

The court directed the Clerk to notify the Department and the New York City Law Department of the order. It requested that the City of New York, Correction Officer Jeffries at the George R. Vierno Center, and Correction Officer Faulk at the Anna M. Kross Center waive service of summons.

The court also ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and document requests. The defendants must serve responses within 120 days after service of the complaint and must quote each request verbatim.

Disposition

The court dismissed David’s claims against the New York City Department of Correction and directed the Clerk to add the City of New York as a defendant. It requested waiver of service from the City, Correction Officer Jeffries, and Correction Officer Faulk, and ruled that Local Civil Rule 33.2 applies. Judge Lewis J. Liman also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.