Smalls v. 24th Precinct

Background

Aaron D. Smalls filed this action without a lawyer under 42 U.S.C. § 1983, a federal law used to bring certain civil-rights claims against state or local officials. He alleged that Police Officer Nish and Police Officer Venteurer used excessive force while arresting him. The opinion states that Smalls was detained in the North Infirmary Command on Rikers Island.

The court had already granted Smalls permission to proceed without paying the filing fee upfront. When a person proceeds this way, federal law requires the court to review the complaint and dismiss claims that are frivolous, malicious, inadequately pleaded, seek money from an immune defendant, or fall outside the court’s jurisdiction. The court also stated that it must read a self-represented litigant’s complaint liberally and consider the strongest claims reasonably suggested by the pleading.

Claims Against the 24th Precinct

The court dismissed Smalls’s claims against the New York City Police Department’s 24th Precinct. It relied on the New York City Charter and precedent stating that the Police Department is an organizational subdivision of New York City and does not have a separate legal existence that permits it to be sued. The court applied 28 U.S.C. § 1915(e)(2)(B)(ii), which requires dismissal of an inadequately pleaded claim in a complaint filed by a person proceeding without paying the filing fee upfront.

Because Smalls’s complaint clearly intended to assert claims against New York City, the court ordered the Clerk of Court to amend the case caption by replacing the 24th Precinct with the City of New York. The court stated that this amendment was without prejudice to any defenses the City might later assert.

Service of the Complaint

The court directed the Clerk of Court to issue summonses for the City of New York, Officer Nish, and Officer Venteurer, complete the required U.S. Marshals Service forms, and provide the necessary documents to the Marshals Service for service. Because Smalls was permitted to proceed without paying the filing fee upfront, he could rely on the court and the Marshals Service to carry out service.

The court extended the service deadline until 90 days after the summonses were issued. It stated that Smalls should request more time if service was not completed within that period and warned that he must notify the court in writing if his address changes.

Conclusion and Effect

The court dismissed the claims against the 24th Precinct, added the City of New York as a defendant, and directed service on the City, Officer Nish, and Officer Venteurer. The opinion did not decide whether the defendants used excessive force.

The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying fees. The Clerk of Court was also directed to mail Smalls an information package.