Rogers v. ACS/Child Protective Services of the City of New York Good Shepherd…

Background

Phillystina O Rogers, proceeding without a lawyer, brought claims under Section 1983, a federal law that permits certain claims for violations of constitutional rights by people acting under state law. The complaint named ACS/Child Protective Services of the City of New York Good Shepherd Services, Kalmeesa Stevenson, Shakira Edmonds, Shirley, April Campbell, New Alternatives for Children, Padilla Milagrasa, Alicia Farley, and Stephanie. Rogers alleged that the defendants violated her rights and the rights of two of her children.

The court had previously allowed Rogers to proceed in forma pauperis, meaning without paying court fees in advance. When a person proceeds this way, the court must screen the complaint and dismiss claims that are legally insufficient, frivolous, malicious, seek money from an immune defendant, or fall outside the court’s jurisdiction. The court also must read a self-represented person’s complaint generously, while still requiring it to provide a short and plain statement supporting a legal claim.

Rulings on the claims

The court dismissed Rogers’s claims against the Administration for Children’s Services because a New York City agency is not generally a separate entity that can be sued. Because the complaint clearly appeared to seek claims against New York City, the court directed the clerk to replace ACS with the City of New York in the case. The court stated that this amendment was without prejudice to defenses the City might later assert.

The court dismissed, without prejudice, any claims Rogers asserted on behalf of her two minor children. It explained that a person proceeding without a lawyer may represent only herself, and that a minor may proceed as a plaintiff only through a lawyer. The court stated that Rogers could reassert those claims with the assistance of counsel.

Service and appeal

Because Rogers was allowed to proceed without prepaying fees, the court directed the clerk to issue summonses and provide the necessary papers to the U.S. Marshals Service for service on the City of New York, child protective worker Padilla Milagrasa, New Alternatives for Children, Alicia Farley, April Campbell, and Kalmeesa Stevenson. The court extended the time for service to 90 days after the summonses are issued and stated that Rogers should request more time if service is not completed within that period. The court said it would later seek information needed to identify and serve the foster parents whose full names and addresses were unclear.

Judge Gardephe certified that an appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The order did not decide the underlying merits of Rogers’s civil-rights allegations.