Trowell v. Fledar

Background

Ramziddin S. Trowell, who was detained at the North Infirmary Command on Rikers Island and represented himself, sued Correctional Officer Fledar under 42 U.S.C. § 1983. He alleged that Fledar lost a $3,500 settlement check.

Trowell alleged that on September 27, 2023, Fledar delivered the check to him, told him to sign the back so she could deposit it into his inmate account, and then left with the check after saying she would return with a receipt. The next day, she allegedly said that she had been unable to deposit the check and suggested that Trowell either keep it or mail it to his home address. She then left with the check and did not return. Trowell later alleged that Fledar said she did not know where the check was and that it was on her desk.

Trowell sought $250,000 in damages. His attachments included a tax return showing a $3,500 payment from a prior class settlement and a grievance response proposing that officials stop payment on the check and issue a replacement that he would receive in four to six weeks.

Legal Standard

Because Trowell had been allowed to proceed without prepaying the filing fee, the court screened the complaint under 28 U.S.C. § 1915. The court was required to dismiss a complaint that was frivolous, sought relief from an immune defendant, or failed to state a claim for relief. The court also had to dismiss a case over which it lacked subject-matter jurisdiction.

The court stated that a person generally cannot bring a federal due-process claim for loss of property when state law provides an adequate remedy after the loss. For prisoners, the court identified an action in the New York State Court of Claims as an example of such a remedy.

Court’s Analysis

The court held that Trowell’s allegation that Fledar lost his settlement check did not state a federal claim. First, the attachments appeared to show that Trowell was expected to receive a replacement check. Second, if he did not receive one, the court said he had to use the state court system—for example, by filing an action in the New York State Court of Claims—before seeking relief in federal court. Trowell had not alleged that he used the state court system or that its procedures were inadequate to address the loss.

The court also ruled that amendment would be futile and therefore declined to grant Trowell leave to amend the complaint.

Disposition

Judge Laura Taylor Swain dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii). The court certified that an appeal would not be taken in good faith and denied Trowell permission to appeal without paying fees. The Clerk of Court was directed to enter judgment.