Surdak Read v. Town of Ramapo Police Dept.

Background

Michelle B. Surdak Read, appearing without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law allowing claims for constitutional violations by state or local actors. The court had previously allowed her to proceed without paying filing fees in advance.

Because she was proceeding without prepaying fees, the court was required to review the complaint and dismiss any claim that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or was outside the court’s jurisdiction. The court also explained that it would read a self-represented litigant’s complaint generously, but the complaint still had to provide a short and plain statement showing entitlement to relief.

Town of Ramapo Police Department

The court dismissed the claims against the Town of Ramapo Police Department because, under New York law, a municipal department or agency generally lacks a separate legal identity and cannot be sued independently. Claims involving the department therefore could be brought only against the Town of Ramapo.

The court declined to replace the Police Department with the Town at that stage because the amended complaint did not allege facts showing that a Town policy, custom, or practice caused the alleged constitutional violation. Alleging wrongdoing by Town employees alone was not enough to state a § 1983 claim against the municipality.

Assistant District Attorney Veronica Phillips

The court dismissed the claims against ADA Veronica Phillips based on prosecutorial immunity. Prosecutors are generally immune from damages claims for actions within their official duties that are closely connected to the judicial phase of a criminal case. The court held that Phillips’s use or submission of photographs during grand-jury proceedings fell within that protected function.

Police Officers Buckley and Ferguson

The claims against Police Officers Buckley and Ferguson proceed. Because Surdak Read was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare service forms and summonses and send the necessary papers to the U.S. Marshals Service for service on those defendants.

The court stated that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Surdak Read should request more time. The court also required her to notify the court in writing if her address changes and stated that the case could be dismissed if she failed to do so.

Disposition

The court dismissed Surdak Read’s claims against the Town of Ramapo Police Department because it lacked the capacity to be sued. It dismissed her claims against ADA Phillips based on prosecutorial immunity. It directed service of the claims against Officers Buckley and Ferguson. Judge Cathy Seibel certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.