Trowell v. Ellis

Background

Ramziddin S. Trowell, who is incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state or local actors for violating constitutional rights. He alleged constitutional violations on Rikers Island and at a Bronx County courthouse. The court had previously granted permission for him to proceed without prepaying the filing fee.

Court’s review

Because Trowell was proceeding without prepaying the filing fee, the court reviewed the complaint under federal prisoner-screening statutes. Those statutes require dismissal of claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The court also stated that it must read a self-represented litigant’s complaint liberally.

Rulings

The court dismissed the claims against the New York City Department of Correction for failure to state a claim because the Department is a city agency that cannot be sued as a separate entity under the New York City Charter. In light of Trowell’s self-represented status and stated intent to sue the City, the court directed the clerk to amend the case caption under Federal Rule of Civil Procedure 21 by replacing the Department of Correction with the City of New York. The court stated that this amendment was without prejudice to defenses the City may assert.

The court also dismissed the claims against “The Owner of Rikers Island” for failure to state a claim, explaining that the City of New York is the proper defendant for the entity operating the Department of Correction facilities on Rikers Island. Finally, the court directed the clerk to notify the Department of Correction and the New York City Law Department and requested that the City of New York, Officer Ellis, and Officer Clarke waive service of summons. The order did not resolve the underlying constitutional allegations against those defendants.