Burroughs v. Westchester Supreme Court

Background

Herman Burroughs, who was representing himself, brought claims against Westchester Supreme Court; New York City Criminal Court; Harlan Bellevue Metropolitan Hospital; Mount Sinai St. Luke Roosevelt Hospital; Chase Bank; Keener Swartz Access Boulevard Shelter; the New York City Police Department; the U.S. Post Office; the White House; and the Federal Bureau of Investigation. The judgment states that the court had dismissed his complaint on its own initiative in orders dated August 23, 2023, and October 18, 2023.

The August 23 order gave Burroughs 30 days to file an amended complaint and stated that judgment would be entered if he did not do so. He did not file an amended complaint. The judgment also states that the August 23 order had been mailed to him but returned as undeliverable, and that he apparently had not maintained a current address with the court.

Reasons for Dismissal

The judgment states that the court dismissed all claims against the federal defendants—identified in the judgment as the U.S. Postal Service, the Federal Bureau of Investigation, the President of the United States, and the National Aeronautics and Space Administration—under sovereign immunity, which generally protects the federal government and its entities from lawsuits unless an exception applies. It also states that the court dismissed all claims against the state court defendants, Westchester Supreme Court and New York City Criminal Court, under the Eleventh Amendment.

Ruling and Effect

Judge Paul Gardephe’s court entered judgment and closed the case after Burroughs failed to file an amended complaint. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the required filing fees. The judgment does not state that the dismissal was with or without prejudice.