Peale v. New York State

Background

Peter Peale brought the action without a lawyer and paid the filing fees. He alleged that New York Penal Law § 400.00(19), which requires completion of a training class to obtain a concealed-carry gun permit, violates the Second and Fourteenth Amendments. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal law that allows claims for certain constitutional violations.

Rulings on the Defendants

The court dismissed the claims against New York State. It held that the Eleventh Amendment generally bars suits against states in federal court unless the state has waived its immunity or Congress has removed it. The court stated that New York had not waived its immunity and that Congress had not removed it through Section 1983.

The court also addressed the proper defendant for a constitutional challenge to a state law. Under Federal Rule of Civil Procedure 21, a court may add or drop a party. Because Peale was representing himself and appeared to intend to sue the state official responsible for enforcing the law, the Clerk was directed to add Steven A. Nigrelli, Acting Superintendent of the New York State Police, as a defendant. The order stated that this addition was without prejudice to any defenses Nigrelli might assert.

Service and Appeal Status

The Clerk was directed to issue a summons for Nigrelli and mail Peale the summons and an information package. Peale was directed to serve Nigrelli with the summons and complaint within 90 days after the summons was issued. The court stated that it might dismiss the claims against Nigrelli under Federal Rules of Civil Procedure 4 and 41 for failure to prosecute if Peale did not serve him or request an extension within that period.

The court did not rule on the merits of Peale’s constitutional challenge. It certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free appeal status. Judge Kenneth M. Karas signed the order.