Farrow v. Cordez

Background

Justin Farrow, who was incarcerated at Great Meadow Correctional Facility, filed this self-represented action under 42 U.S.C. § 1983. The complaint described alleged events at Attica, Clinton, Sing Sing, and Great Meadow Correctional Facilities, involving different defendants and different dates. Farrow also sought to assert a claim against the New York State Department of Corrections and Community Supervision under the Racketeer Influenced and Corrupt Organizations Act.

The alleged events included retaliation, disciplinary charges, medical and mental-health treatment, conditions of confinement, sexual harassment, excessive force, property issues, and interference with meals and other services. Farrow suggested that the events were connected by conspiracies among corrections staff, but the court found that suggestion did not provide a plausible basis for joining the otherwise unrelated claims in one action.

Court’s analysis

The court applied Federal Rules of Civil Procedure 18 and 20, which govern when claims and defendants may be joined, and Rule 21, which allows a court to separate claims. The court concluded that the claims involving the four facilities did not arise from the same occurrence and did not present common questions of law and fact. The court also considered judicial economy, potential prejudice, and the different witnesses and evidence involved.

The court determined that venue was proper for the newly separated actions in the districts where the underlying events occurred. Attica Correctional Facility is in the Western District of New York. Clinton and Great Meadow Correctional Facilities are in the Northern District of New York. The court also concluded that transferring the new actions under 28 U.S.C. § 1404(a) was appropriate because the relevant events, documents, and witnesses would likely be located in those districts.

Ruling

The court severed Farrow’s claims arising at Attica Correctional Facility and directed the Clerk of Court to open a new civil-rights action against the Attica defendants and transfer it to the Western District of New York.

The court severed Farrow’s claims arising at Clinton Correctional Facility and directed the Clerk of Court to open a new civil-rights action against the Clinton defendants and transfer it to the Northern District of New York.

The court severed Farrow’s claims arising at Great Meadow Correctional Facility and directed the Clerk of Court to open a new civil-rights action against the New York State Department of Corrections and Community Supervision and John and Jane Doe defendants and transfer it to the Northern District of New York.

The original action remained open but was limited to Farrow’s claims arising at Sing Sing Correctional Facility. The court stated that it would address those claims by separate order. The court had granted Farrow permission to proceed without prepaying filing fees in this action, but left the question of that status in each new action to the courts receiving those cases. It also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying appellate fees for purposes of an appeal. The order did not decide the merits of the underlying claims.