Stratton v. Narcise

Background

Carrime L. Stratton, who appeared without a lawyer and was being held at the Orange County Jail, brought claims alleging violations of federal constitutional rights and claims under state law. The court construed the complaint and a March 21, 2023 letter as asserting claims under 42 U.S.C. § 1983, a law allowing claims for certain constitutional violations by state actors, as well as state-law claims. Stratton sought unspecified damages and other unspecified relief. He sued Orange County Correction Officer Narcise, the Orange County Sheriff’s Department, and Orange County Correction Officer Roberts.

The court had previously granted Stratton permission to proceed without paying the filing fee in advance. The court noted that this permission did not exempt him from paying the full filing fee under the prisoner-fee statute.

Rulings concerning the Sheriff’s Department and Orange County

The court dismissed the claims against the Orange County Sheriff’s Department because, under New York law, a municipal department or agency does not have a separate legal identity allowing it to be sued. Because Stratton was representing himself and clearly intended to assert claims against Orange County, the court treated the complaint as asserting claims against the County of Orange. It directed the Clerk of Court to replace the Sheriff’s Department with Orange County as a defendant. The court stated that this amendment was without prejudice to any defenses Orange County might assert.

Service of process

Because Stratton had been permitted to proceed without paying the filing fee in advance, the court ordered the Clerk of Court and the U.S. Marshals Service to handle service. The Clerk was directed to issue summonses for Orange County, Narcise, and Roberts, complete the required service forms with the defendants’ addresses, and provide the necessary documents to the Marshals Service. If service was not completed within 90 days after the summonses were issued, the opinion stated that Stratton should request an extension of time.

Discovery and other instructions

The court determined that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to answer specified court-ordered discovery requests. Orange County, Narcise, and Roberts were directed to respond to those requests within 120 days after service of the complaint and the March 21 letter, quoting each request verbatim in their responses.

The court also directed the Clerk to mail Stratton an information package and provided information about the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The clinic was described as a private organization, not part of the court.

Disposition

The court dismissed the claims against the Orange County Sheriff’s Department, directed the Clerk to add the County of Orange as a defendant, and ordered issuance of summonses and service of the complaint and March 21 letter on Orange County, Narcise, and Roberts. It also ordered those defendants to comply with Local Civil Rule 33.2. Finally, the court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.