Megginson v. The City of New York

Background

Michael E. Megginson, who was incarcerated at the Anna M. Kross Center on Rikers Island, brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that seven correction officers subjected him to excessive force at approximately 12:30 p.m. on December 19 or 20, 2021, at the AMKC “T-Post by main intake.” He stated that the officers assaulted him with a chemical agent and batons. He mentioned Correction Officer Roomer but did not originally name her as a defendant.

The court had previously allowed Megginson to proceed without paying the filing fee at the outset. Because he was incarcerated and proceeding without that payment, the court was required to screen his complaint and dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s authority.

Rulings

The court dismissed Megginson’s claims against Rikers Island Security of AMKC and the New York City Department of Correction. It held that city agencies or departments do not have a separate legal identity permitting them to be sued under New York law.

Because Megginson’s complaint clearly intended to assert claims against the City of New York and Correction Officer Roomer, the court construed the complaint as making those claims and directed the Clerk of Court to amend the caption to replace the Department of Correction with the City of New York and Correction Officer Roomer. The court stated that this amendment was without prejudice to defenses those defendants might assert.

Unidentified officers and next steps

The court ordered the New York City Law Department to identify the unnamed correction officers Megginson sought to sue, including their badge numbers and addresses where they could be served. The Law Department must provide that information to Megginson and the court within 60 days of the order. Within 30 days after receiving the information, Megginson must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint, and the court will screen it after filing.

The court requested that the City of New York and Correction Officer Roomer waive service of summons. It also directed defendants to respond within 120 days to the standard discovery requests required by Local Civil Rule 33.2 for certain prisoner cases. Finally, the court certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.

Classification

This is a procedural order because the court dismissed claims during required prisoner-complaint screening based on the defendants’ legal capacity to be sued and set requirements for identifying defendants and amending the complaint. The order did not decide whether the alleged excessive force occurred or whether Megginson ultimately is entitled to relief.