Owens v. Orange County Jail

Background

DeSean J. Owens filed this case without a lawyer while he was being held at the Orange County Jail. He alleged that he was a convicted prisoner awaiting sentencing, that his right to due process was being violated, and that he was entitled to damages. The court understood the complaint to assert claims under 42 U.S.C. § 1983, the federal civil-rights statute, and state law. The court had already allowed Owens to proceed without paying the filing fee in advance, although the opinion noted that prisoners remain responsible for the full filing fee.

Claims Against the Orange County Jail

The court dismissed Owens’s claims against the Orange County Jail. It explained that a § 1983 claim must allege a violation of a federal right by a person acting under state law. The court held that the Orange County Jail is not a person that can be sued under § 1983. The court also discussed that municipal agencies and departments in New York generally do not have a separate legal identity allowing them to be sued; the proper defendant is the municipality itself.

Added Defendants

Although Owens did not list the County of Orange, Captain Potter, or Sheriff Carl E. DuBois as defendants in the caption, the complaint referred to the jail’s “Administration” and alleged that Owens had written to Captain Potter and Sheriff DuBois about the alleged constitutional violations without receiving responses. Under Rule 21 of the Federal Rules of Civil Procedure, which allows a court to add or remove parties, the court directed the Clerk of Court to add the County of Orange, Captain Potter, and Sheriff DuBois as defendants. The court stated that these additions were without prejudice to any defenses those defendants may assert.

Service and Disposition

Because Owens was allowed to proceed without paying the filing fee in advance, the court directed the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve the County of Orange, Captain Potter, and Sheriff DuBois. Service was to occur within 90 days after the summonses were issued, and Owens could request more time if service was not completed. The court also instructed Owens to notify it in writing of any address change and certified that an appeal would not be taken in good faith, denying fee-free status for an appeal.

Judge Cathy Seibel dismissed the claims against the Orange County Jail, added the County of Orange, Captain Potter, and Sheriff DuBois as defendants, and ordered service on them. The opinion did not decide whether Owens ultimately proved a due-process violation.