Caraballo v. Department of Corrections City of New York

Background

Ruddy Osias, Michael Guest, David Caraballo, and Joseph Agnew filed a self-represented complaint concerning the conditions of their confinement at the Vernon C. Bain Center and the spread of the omicron variant of the COVID-19 virus. The opinion states that they were being held before trial. All four signed the complaint, but none paid the fees for filing the action or submitted an application to proceed without prepaying fees and a required prisoner authorization.

Severance of the claims

The court considered the rules governing joinder, which allow multiple plaintiffs to proceed together when their claims arise from the same event or series of events and share a legal or factual question. The court explained that Rule 21 also permits a court to separate claims when doing so would promote fairness, efficiency, and manageable litigation.

Although the plaintiffs’ claims were similar because they concerned conditions at the same facility and the omicron variant, the court found that the practical difficulties of a four-person prisoner lawsuit favored separate cases. The plaintiffs were representing themselves and therefore could not represent one another. Each unrepresented plaintiff would also have to personally sign court filings. Detention, transfers, security restrictions, and limited communication could make it difficult for them to coordinate strategy, share evidence, or meet deadlines.

The court therefore severed the claims of Guest, Caraballo, and Agnew under Rule 21. Osias remained the sole plaintiff in this action, while the Clerk was directed to open three separate civil actions for the other plaintiffs and place copies of the complaint and the order in those cases. The court noted that the cases could later be treated as related or consolidated if appropriate.

Filing-fee requirement for Osias

The court stated that a prisoner seeking to bring a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a completed and signed application to proceed without prepaying fees and a prisoner authorization. If permission is granted, the $350 filing fee is collected in installments from the prisoner’s prison trust account. The $52 administrative fee does not apply to a person granted that permission.

Because Osias had submitted neither the application nor the authorization, the court directed him to comply within 30 days. If he failed to do so, the court stated that it would dismiss this action. No summons would issue at that time. The court directed that Guest, Caraballo, and Agnew would receive separate orders requiring each of them to pay the fees for a separate lawsuit or submit the required documents.

Disposition

The court severed Guest’s, Caraballo’s, and Agnew’s claims, kept Osias as the sole plaintiff in this action, and directed Osias to pay the fees or submit the required documents within 30 days. The court also directed the Clerk to open three separate civil actions and mail copies of the order to all four plaintiffs.