Powell v. The City of New York

Background

Jamel Powell, who was representing himself and had been permitted to proceed without paying court fees, asserted claims against the City of New York and the New York City Department of Correction (the “DOC”). The opinion does not describe the underlying claims.

Claims Against the Department of Correction

The court dismissed the claims against the DOC for failure to state a claim on which relief may be granted. It relied on New York City Charter section 396 and related case law, explaining that an agency of the City of New York is not an entity that can be sued separately. The dismissal was entered under 28 U.S.C. § 1915(e)(2)(B)(ii), which permits dismissal during review of a case brought without payment of filing fees when the complaint fails to state a claim.

Service and Appeal Ruling

The court requested that the City of New York waive service of summons. It directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of the order and to mail Powell a copy.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-free status for purposes of an appeal. Judge Katherine Polk Failla signed the order.