Rivera v. Putnam County
- Vincent Briccetti
- 7:22-cv-01877
- U.S. District Court · Southern District of New York
- 3
In Rivera v. Putnam County, Judge Briccetti dismissed claims against the Sheriff’s Office but ordered service on four remaining defendants.
Humberto Rivera, Jr.’s claims against the Putnam County Sheriff’s Office were dismissed, while the case continued for purposes of serving Putnam County, Robert L. Langley, Jr., Thomas Varbero, and Scott E. Lombardo.
What happened
In Rivera v. Putnam County, Humberto Rivera, Jr., who was representing himself and had paid the filing fee, sued Putnam County and other defendants. The opinion does not describe the underlying claims.
The court dismissed Rivera’s claims against the Putnam County Sheriff’s Office because municipal departments cannot be sued separately under New York law. The case may proceed against Putnam County, and the court ordered summonses for Putnam County, Robert L. Langley, Jr., Thomas Varbero, and Scott E. Lombardo.
Judge Vincent L. Briccetti also directed Rivera to serve the summonses and complaint within 90 days and denied free appeal status because an appeal would not be taken in good faith.
The detailed version
- Rivera v. Putnam County · No. 7:22-cv-01877
- Vincent Briccetti
- Apr. 1, 2022
Background
Humberto Rivera, Jr. filed this action without a lawyer and paid the filing fee. He named Putnam County, the Putnam County Sheriff’s Office, Robert L. Langley, Jr., Thomas Varbero, and Scott E. Lombardo as defendants. The opinion does not state the underlying legal claims or the events giving rise to the lawsuit.
Dismissal of the Sheriff’s Office
The court explained that it may dismiss a complaint, including one filed after payment of the filing fee, if the action is frivolous, the court lacks subject-matter jurisdiction, or the complaint fails to state a claim. The court also said that it must read filings by people without lawyers liberally and interpret them to raise the strongest claims they suggest.
The court dismissed Rivera’s claims against the Putnam County Sheriff’s Office. It held that municipal agencies or departments do not have the legal capacity to be sued separately under New York law because they do not have a legal identity distinct from the municipality. The court stated that Rivera’s claims against the Sheriff’s Office may instead proceed against Putnam County, which Rivera had already named as a defendant. The court did not state that the claims against Putnam County were dismissed.
Service on the Remaining Defendants
The court directed the Clerk of Court to issue summonses for Putnam County, Robert L. Langley, Jr., Thomas Varbero, and Scott E. Lombardo. Rivera was directed to serve each defendant with the summons and complaint within 90 days after the summonses were issued. The court warned that, if Rivera neither served the defendants nor requested an extension within that period, it might dismiss the claims against them for failure to prosecute under Rules 4 and 41 of the Federal Rules of Civil Procedure.
Appeal Status and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Rivera free appeal status. Judge Vincent L. Briccetti ordered the dismissal of the claims against the Putnam County Sheriff’s Office and ordered summonses to issue for the four remaining defendants. The opinion does not specify whether the dismissal was with or without prejudice.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.