Muniz v. McCall

Background

Jose Lewis Muniz, who was detained at the George R. Vierno Center on Rikers Island, brought this action under 42 U.S.C. § 1983, a federal law allowing claims against state or local actors for alleged constitutional violations. He represented himself and named Correction Officer McCall, Captain Adams, Warden Antinet Corts, “NYC Corporate City Attorney, Attorney for the City of New York,” and the City of New York as defendants. The opinion notes that the correct spelling of one defendant’s name may be “Antoinette Cort.”

An earlier order allowed Muniz to proceed without paying the filing fee upfront. The court then screened his complaint under the Prison Litigation Reform Act, which requires courts to review prisoner complaints against governmental entities or employees. The court must dismiss claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s jurisdiction. It must also read self-represented filings generously while requiring enough factual detail to make a claim plausible.

Ruling

The court dismissed Muniz’s claims against “NYC Corporate City Attorney, Attorney for the City of New York.” The court understood that designation to refer to the New York City Law Department and held that a New York City agency is not an entity that can generally be sued separately. The conclusion cited 28 U.S.C. § 1915(e)(2)(B)(ii), although the opinion’s text contains an apparent typographical error in that citation.

The court directed the Clerk of Court to terminate that defendant from the case. It also directed electronic notice of the order to the New York City Department of Correction and the New York City Law Department and ordered the defendants to tell the court within two weeks whether they would waive service of the summons. The order did not state that the claims against the other named defendants were dismissed.

Other Information

The court informed Muniz about the New York Legal Assistance Group’s Clinic for Pro Se Litigants, a free clinic that provides limited assistance to people representing themselves in civil cases in the Southern District of New York. The order stated that the clinic does not file papers for litigants and that Muniz would remain responsible for his case if he used the clinic’s assistance.