Farrow v. Cordez
- Kenneth Karas
- 7:22-cv-05952
- U.S. District Court · Southern District of New York
- 2
Farrow v. Jenkins: Judge Swain sent Farrow’s safety motion to another court and denied fee-free appeal status.
Justin Farrow’s request for protection based on his safety at Great Meadow was sent to the separate case in the Northern District of New York; the remaining damages claims in this case were not resolved.
What happened
In Farrow v. C.O. Jenkins, et al., Justin Farrow, who was representing himself, sought an order protecting him from alleged assaults and retaliation at Great Meadow Correctional Facility. He asked to be transferred out of New York State corrections custody.
The court said Farrow’s safety concerns involved Great Meadow, which is in the Northern District of New York. Because related claims had already been transferred there, the court directed the clerk to refile Farrow’s motion and supporting declaration in that separate case for the other court to address. This court did not decide whether Farrow was entitled to the requested protection.
Judge Laura Taylor Swain also denied Farrow permission to appeal without paying filing fees, finding that an appeal would not be taken in good faith. Claims for damages involving earlier incidents at Sing Sing remained pending in this case.
The detailed version
- Farrow v. Cordez · No. 7:22-cv-05952
- Kenneth Karas
- Sept. 2, 2022
Background
Justin Farrow, proceeding without a lawyer, filed a motion for a preliminary injunction—a court order intended to provide temporary protection while a case proceeds—and a supporting declaration. Farrow alleged corruption at facilities operated by the New York State Department of Corrections and Community Supervision, including alleged sexual activity and drug smuggling. He asserted that correction officers at multiple facilities had assaulted and retaliated against him, worsening his mental health and contributing to episodes involving suicidal tendencies. He stated that he was no longer safe in New York State corrections custody and requested a transfer out of that custody.
Farrow was incarcerated at Great Meadow Correctional Facility, which the opinion states is in Washington County, New York, within the Northern District of New York. The court had previously severed his claims concerning his current conditions at Great Meadow and directed that those claims be opened as a separate civil action, docket number 22-CV-7248 (LTS), and transferred to the Northern District of New York. The same earlier order also severed claims arising at Attica and Clinton Correctional Facilities and directed their transfer to the Western District of New York. The opinion states that only Farrow’s claims for damages concerning incidents at Sing Sing Correctional Facility from 2019 through 2021 remained under this docket number.
Ruling
Because Farrow’s request for preliminary injunctive relief concerned his safety at Great Meadow, Judge Laura Taylor Swain directed the clerk to refile the motion and supporting declaration in docket number 22-CV-7248 (LTS), so the transferee court could address the request. The order did not grant or deny the preliminary injunction. The court also advised Farrow to raise his safety concerns through the administrative procedures available at Great Meadow.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees. The order did not otherwise resolve the damages claims that remained pending under this docket number.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.