Osias v. Department of Corrections City of New York
- Lorna Schofield
- 1:22-cv-00870
- U.S. District Court · Southern District of New York
- 3
In Osias v. Department of Corrections, Judge Schofield dismissed claims against the agency, added New York City, and requested waiver of service.
Ruddy Osias’s claims against the New York City Department of Correction were dismissed as claims against a non-suable city agency. New York City was added as a defendant, while the claims against Vincent Schiraldi, Captain Reyez, Captain Hamlet, and Warden Carter remained subject to service.
What happened
In Osias v. Department of Corrections, Ruddy Osias, who was being held at the Vernon C. Bain Center, sued the New York City Department of Correction and several officials. He proceeded without a lawyer and sought damages for alleged human-rights and correctional-services violations.
The court dismissed Osias’s claims against the Department of Correction because a New York City agency cannot be sued as a separate entity. Because the complaint showed an intent to sue New York City, the court directed the Clerk to add the City as a defendant and replace the agency in the case caption. The court requested that the City and the individual defendants waive service of summons.
Judge Lorna G. Schofield also denied permission to proceed without paying fees for an appeal, finding that any appeal would not be taken in good faith. The order did not decide whether Osias’s underlying allegations were legally or factually valid.
The detailed version
- Osias v. Department of Corrections City of New York · No. 1:22-cv-00870
- Lorna Schofield
- Feb. 16, 2022
Background
Ruddy Osias brought this action without a lawyer while being held at the Vernon C. Bain Center. He sought damages and alleged that the defendants were “violating human rights [and] violating correctional services.” The complaint named the New York City Department of Correction (DOC), former DOC Commissioner Vincent Schiraldi, VCBC Correction Captain Reyez, VCBC Correction Captain Hamlet, and VCBC Warden Carter.
The court had already granted Osias permission to proceed without prepaying filing fees. Because Osias was a prisoner seeking relief against a governmental entity or its officers or employees, the court screened the complaint under the Prison Litigation Reform Act. That screening requires dismissal of claims that are frivolous, malicious, fail to state a claim, seek damages from an immune defendant, or fall outside the court’s subject-matter jurisdiction.
Ruling on the Department of Correction
The court dismissed Osias’s claims against the DOC. It held that the DOC, as an agency of the City of New York, is not an entity that can be sued separately under New York City Charter section 396.
Because the complaint showed a clear intent to assert claims against New York City, the court construed the complaint as asserting claims against the City. Under Rule 21 of the Federal Rules of Civil Procedure, it directed the Clerk of Court to amend the caption by replacing the DOC with the City of New York. The court stated that this amendment was without prejudice to any defenses the City might assert. The order did not resolve those defenses or the merits of Osias’s underlying allegations.
Service and appeal status
The court requested that the City of New York, Vincent Schiraldi, Captain Reyez, Captain Hamlet, and Warden Carter waive service of summons. It also directed the Clerk to notify the DOC and the New York City Law Department of the order and to mail Osias a copy of the order and an information package.
Judge Lorna G. Schofield certified that any appeal from the order would not be taken in good faith. As a result, permission to proceed without prepaying fees was denied for purposes of an appeal. The order was entered on February 16, 2022.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.