Hughes v. City of Port Jervis
- Cathy Seibel
- 7:22-cv-00600
- U.S. District Court · Southern District of New York
- 5
In Hughes v. City of Port Jervis, Judge Seibel dismissed claims against five officers but ordered service on four others after screening.
Jeremy Hughes; the City of Port Jervis; the police personnel named in the amended complaint. Claims against Mioglionico, Moscotiello, Dillinger, Santini, and Kievit were dismissed, while the court ordered service on Washalski, Decker, Worden, and Mehedin.
What happened
In Hughes v. City of Port Jervis, Jeremy Hughes, who was representing himself and had permission to proceed without paying filing fees, filed an amended civil-rights complaint against the City of Port Jervis and nine police personnel. The court had previously dismissed claims against the Port Jervis Police Department and replaced it with the City as a defendant.
The court reviewed the amended complaint under the rule requiring dismissal of claims that are frivolous, malicious, legally insufficient, or seek money from an immune defendant. It concluded that Hughes had not alleged wrongdoing, or a failure to intervene in wrongdoing, by Mioglionico, Moscotiello, Dillinger, Santini, and Kievit.
The court dismissed Hughes’s claims against those five defendants. It also directed the Clerk and the U.S. Marshals Service to issue summonses and serve Washalski, Decker, Worden, and Mehedin, extending the service deadline to 90 days after the summonses are issued. Judge Cathy Seibel signed the order.
The detailed version
- Hughes v. City of Port Jervis · No. 7:22-cv-00600
- Cathy Seibel
- Aug. 8, 2022
Background
Jeremy Hughes filed the action against the Port Jervis Police Department, alleging that his civil rights had been violated. The court granted him permission to proceed without prepaying filing fees. It then dismissed the claims against the Police Department, substituted the City of Port Jervis as a defendant, and required the City Attorney to identify the police officers referred to as “John Doe” officers.
Hughes later filed an amended complaint naming the City of Port Jervis and Detective Peter Washalski, Sergeant Kevin Moscotiello, Police Chief William J. Worden, Police Officer Christopher J. Mehedin, Police Officer Andrew Dillinger, Detective Michael Decker, Police Officer Ryan Kievit, Detective Daniel Mionglionico, and Police Officer Richard Santini.
Screening standard
Because Hughes was proceeding without paying filing fees, the court was required to review the amended complaint and dismiss any claim that was frivolous or malicious, failed to state a legally sufficient claim, or sought monetary relief from a defendant protected from such relief. The court also explained that it must read a self-represented litigant’s complaint liberally, but the complaint still had to provide a short and plain statement showing entitlement to relief.
Service on four defendants
The court explained that a plaintiff proceeding without prepaying fees may rely on the court and the U.S. Marshals Service to serve process. It extended the time for service until 90 days after the summons is issued because Hughes could not have served the summons and amended complaint before the court reviewed the amended complaint and ordered issuance of a summons.
The Clerk of Court was directed to prepare U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the necessary documents to the Marshals Service for service on Washalski, Decker, Worden, and Mehedin. The order identified the City of Port Jervis Police Headquarters as the service address. Hughes was also reminded to notify the court in writing of any address change.
Dismissal of five defendants
The court dismissed Hughes’s claims against Mioglionico, Moscotiello, Dillinger, Santini, and Kievit under 28 U.S.C. § 1915(e)(2)(B)(ii). It found that Hughes had not alleged wrongdoing by those individuals or facts suggesting that they had a realistic opportunity to intervene in wrongdoing by others and failed to do so.
Disposition
The court dismissed the claims against Mioglionico, Moscotiello, Dillinger, Santini, and Kievit. It ordered the Clerk to issue summonses and arrange service on Washalski, Decker, Worden, and Mehedin. The Clerk was also directed to mail the order to the City Attorney for the City of Port Jervis and to Hughes.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.