McGinnis v. Orange County Jail

Background

Jermaine McGinnis brought this self-represented action under 42 U.S.C. § 1983, which allows claims against a person who violates federal constitutional or statutory rights while acting under state authority. The court had previously allowed McGinnis to proceed without paying the filing fee upfront. The court explained that prisoners who receive this permission still remain responsible for the full filing fee.

Allegations and screening

McGinnis alleged that, while he was on a mental-health watch, Correction Officer Bandes gave him a piece of glass and threatened to harm him unless he cut himself. He alleged that Correction Officer M. Carter also threatened to harm him unless he injured himself. He further alleged that Correction Officers Donahough and D. Powel used excessive force against him.

Because McGinnis was proceeding without a lawyer and without prepaying the filing fee, the court screened the complaint. The court stated that it had to dismiss claims that were frivolous, malicious, failed to state a legally valid claim, sought money from an immune defendant, or fell outside the court’s jurisdiction.

Claims against the municipal entities

The court dismissed the claims against the Town of “Walkhill” Police Department, which it understood to mean the Town of Wallkill Police Department. The court held that, under New York law, a municipal department or agency does not have a separate legal identity that allows it to be sued.

The court also dismissed the claims against the Orange County Jail. It held that a jail is not a “person” that can be sued under Section 1983. In light of McGinnis’s clear intention to bring claims against Orange County, however, the court construed the complaint as asserting claims against Orange County and directed the Clerk of Court to add Orange County as a defendant. The court stated that this amendment did not affect defenses Orange County might assert.

Correction officers and service

Based on the allegations, the court directed the Clerk of Court to add “Correction Officer Bandes, Badge # 105 or 106,” “Correction Officer M. Carter, Badge #339,” “Correction Officer Donahough,” and “Correction Officer D. Powel” as defendants. The court likewise stated that this amendment did not affect any defenses those defendants might assert.

Because McGinnis had been allowed to proceed without prepaying the filing fee, the court directed the Clerk to issue summonses and prepare the required service forms for Orange County and the four correction officers. The U.S. Marshals Service was directed to serve the documents. The court extended the service period to 90 days after the summonses were issued. It also required defendants to respond within 120 days after service to the standard discovery requests required by Local Civil Rule 33.2.

Disposition

The court dismissed McGinnis’s claims against the Town of “Walkhill” Police Department and the Orange County Jail. It directed that Orange County and the four correction officers be added as defendants and ordered the steps needed for service. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide whether the alleged conduct ultimately violated McGinnis’s constitutional rights.