Rodriguez v. Westchester County Department of Corrections

Background

Kevin Rodriguez brought this action under 42 U.S.C. § 1983 without a lawyer. He alleged that Officer Bravado used excessive force while Rodriguez was being attacked by another detainee. Rodriguez alleged that the incident injured his right shoulder and lower back and led to a second attack. The court had previously allowed Rodriguez to proceed without prepaying the filing fee.

Screening and Caption Changes

Because Rodriguez was proceeding without prepaying the filing fee, the court reviewed the complaint under 28 U.S.C. § 1915(e)(2)(B). That law requires dismissal of claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. The court also described the requirement that a complaint contain enough factual detail to make a claim plausible.

The court dismissed Rodriguez’s claims against the Westchester County Department of Corrections because, under New York law, a municipal department or agency does not have a separate legal identity and cannot be sued. In light of Rodriguez’s status and his apparent intent to sue the County, the court directed the Clerk of Court to substitute Westchester County as a defendant under Federal Rule of Civil Procedure 21. The court stated that this amendment was without prejudice to defenses the County might assert.

Rodriguez described alleged conduct by Officer Bravado but did not name that officer as a defendant. The court therefore directed the Clerk to add Officer Bravado under Rule 21. The court stated that this amendment was without prejudice to defenses Officer Bravado might assert.

Service and Discovery

Because Rodriguez had permission to proceed without prepaying the filing fee, the court ordered the Clerk to issue summonses, complete the required U.S. Marshals Service forms, and send the necessary paperwork to the Marshals Service for service on Westchester County and Officer Bravado. The court extended the service deadline to 90 days after the summonses were issued. It also instructed Rodriguez to request more time if service was not completed within that period and required him to notify the court in writing of any address change.

The court ruled that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to answer specified discovery requests within 120 days after service of the complaint.

Disposition

Judge Nelson S. Roman dismissed Rodriguez’s claims against the Westchester County Department of Corrections. He directed the Clerk to substitute Westchester County and add Officer Bravado as defendants, issue summonses, and arrange service through the U.S. Marshals Service. The court also applied Local Civil Rule 33.2 and referred Rodriguez to the New York Legal Assistance Group’s clinic for people representing themselves in civil cases.