Megginson v. Molina
- Edgardo Ramos
- 1:23-cv-04170
- U.S. District Court · Southern District of New York
- 7
In Megginson v. Molina, Judge Ramos added New York City as a defendant and requested service waivers without deciding the constitutional claims.
Michael Megginson and the defendants named in the lawsuit, including New York City, which was added as a defendant; the order also directed the clerk and notified the New York City Department of Correction and New York City Law Department.
What happened
In Megginson v. Molina, Michael Megginson, who is incarcerated at the North Infirmary Command on Rikers Island, sued under a federal civil-rights law, claiming that the defendants violated his constitutional rights.
The court directed the clerk to add New York City as a defendant because the complaint arguably suggested a claim against the city. It also requested that New York City and the four listed defendants waive formal delivery of the lawsuit papers, and gave Megginson information about a legal clinic for people representing themselves.
Judge Edgardo Ramos did not decide whether Megginson’s constitutional claims were valid. He also ruled that Megginson could not proceed without paying fees for an appeal from this order.
The detailed version
- Megginson v. Molina · No. 1:23-cv-04170
- Edgardo Ramos
- June 14, 2023
Background
Michael Megginson brought this self-represented lawsuit under 42 U.S.C. § 1983, alleging that New York City Department of Correction Commissioner Louis Molina, Deputy Warden of the Operation Security and Intelligence Unit Lilwannia Glover, and NIC DOC Warden Miller violated his constitutional rights. The court had previously allowed Megginson to proceed without paying the filing fee in advance. The opinion notes that prisoners must still pay the full filing fee over time under the applicable statute.
Adding New York City
The court stated that the complaint arguably alleged facts supporting a municipal-liability claim against New York City. Under Federal Rule of Civil Procedure 21, the court directed the clerk to add New York City as a defendant. The court expressly stated that this addition did not affect any defenses New York City might assert.
Service and Legal-Clinic Referral
The court directed the clerk to notify the New York City Department of Correction and the New York City Law Department. It requested that New York City, Commissioner Louis Molina, Deputy Warden Lilwannia Glover, and Warden Miller waive service of summons, which is the formal delivery of the lawsuit papers.
The court also informed Megginson that he could consult the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The materials explained that the clinic is not part of the court and that consulting it would not make the organization Megginson’s attorney of record.
Ruling
Judge Edgardo Ramos ordered the clerk to add New York City as a defendant, notify the specified government offices, request service waivers, and mail Megginson an information package. The court did not reach the merits of the alleged constitutional violations. It certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.