Crane v. Annucci

Background

Byron K. Brown and 29 other individuals incarcerated at Sing Sing Correctional Facility jointly filed a complaint under 42 U.S.C. § 1983. They alleged that prisoners had been denied the opportunity to attend religious services. The complaint was described as a class action, but the court observed that the allegations after the general description concerned Brown alone. Only 20 of the 30 plaintiffs signed the complaint. Brown alone submitted a request to proceed without prepaying the filing fee and a prisoner authorization. A purported joint motion for appointment of counsel was signed by only 19 plaintiffs, while its supporting memorandum and declaration were signed only by Brown.

Issue and governing rules

Federal Rule of Civil Procedure 20 permits multiple plaintiffs to join one lawsuit when their claims arise from the same event or series of events and share a question of law or fact. Rule 21 allows a court to sever claims—separate them into different cases—even when joinder is not necessarily improper, particularly when doing so avoids prejudice, expense, delay, or unmanageable litigation.

Court’s reasoning

The court found that the plaintiffs’ claims did not arise from one common set of facts. Although each plaintiff asserted a similar claim about being denied religious services at Sing Sing, each would need to provide individual facts about when the denial occurred, how it affected that person, and what steps that person took to challenge it.

The court also concluded that practical problems made a single, multi-plaintiff case unsuitable. Because the plaintiffs were representing themselves, each could appear only on his own behalf and could not act as an attorney for another plaintiff. Each unrepresented plaintiff would also have to personally sign motions and other court papers. Transfers, release, security concerns, and limited opportunities for communication could make it difficult for the plaintiffs to coordinate strategy, share evidence, exchange filings, and meet deadlines. The court determined that separate cases would better promote fair and efficient litigation.

Disposition

The court severed the plaintiffs’ claims from one another under Rule 21. Brown will proceed as the sole plaintiff in this action. The other 29 plaintiffs will each receive a new civil case with copies of the complaint, the motion for appointment of counsel, and this order. Those cases will proceed independently unless the court later treats them as related or consolidates them. Each plaintiff will be directed to pay the $402 filing fee or submit an application to proceed without prepaying it and a prisoner authorization. The court certified that an appeal from the order would not be taken in good faith and denied the ability to proceed without prepaying the fee for that appeal.