Swinson v. The City of New York
- Katherine Failla
- 1:19-cv-11919
- U.S. District Court · Southern District of New York
- 1
In Swinson v. The City of New York, Judge Failla dismissed the federal claims with prejudice, declined state-law jurisdiction, and denied appeal fee-waiver status.
Randy Swinson’s federal claims were dismissed with prejudice; his intended state-law claims were not addressed because the court declined jurisdiction, and the case was closed. The defendants obtained dismissal of the federal claims.
What happened
Swinson v. The City of New York concerns Randy Swinson’s claims against the City of New York and three individual defendants. The judgment refers to federal claims and state-law claims that Swinson intended to bring in a third amended complaint.
The court granted the defendants’ motion to dismiss the federal claims with prejudice. It declined to exercise jurisdiction over the intended state-law claims, closed the case, and denied fee-waiver status for any appeal after finding that an appeal would not be taken in good faith.
Judge Katherine Failla’s Opinion and Order dated January 14, 2022 supplied the reasons for the judgment entered on January 18, 2022.
The detailed version
- Swinson v. The City of New York · No. 1:19-cv-11919
- Katherine Failla
- Jan. 18, 2022
Disposition
The judgment states that, for the reasons given in the court’s Opinion and Order dated January 14, 2022, the court granted the defendants’ motion to dismiss the federal claims with prejudice. The provided judgment does not explain the grounds for dismissing those claims.
The court declined to exercise jurisdiction over any state-law claims that Randy Swinson intended to bring in the third amended complaint. The case was therefore closed.
Appeal-related ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the Opinion and Order would not be taken in good faith. It therefore denied permission to appeal without paying filing fees.
Parties
The plaintiff is Randy Swinson. The defendants are The City of New York, Sherma Dunbar, Assistant Deputy Warden Elyn Rivera, and Captain John Hernandez.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.