Murphy v. Piper

Background

Adam E. Murphy, a convicted and sentenced prisoner detained at the Orange County Jail, filed a civil-rights action without a lawyer under 42 U.S.C. § 1983. He alleged that Correction Officer Piper, the Orange County Sheriffs Office, and Orange County violated his federal constitutional rights. The court had previously allowed Murphy to proceed without prepaying the filing fee, although the opinion notes that prisoners remain responsible for paying the full filing fee over time.

Screening and Claims Against the Sheriff’s Department

The court screened the complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b), which require dismissal of claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. The court also noted that it must dismiss an action when it lacks subject-matter jurisdiction.

The court dismissed Murphy’s claims against the Orange County Sheriff’s Department under 28 U.S.C. § 1915(e)(2)(B)(ii). It held that municipal agencies or departments do not have the capacity to be sued separately under New York law. Because Murphy was proceeding without a lawyer, the court construed the allegations against the Sheriff’s Department as allegations against Orange County, which was also named as a defendant.

Service and Discovery

The court directed the Clerk to issue summonses and complete service forms for Correction Officer Piper and Orange County. Because Murphy had been allowed to proceed without prepaying fees, the U.S. Marshals Service would serve the defendants. The court extended the service period to 90 days after the summonses were issued and stated that Murphy should request an extension if service was not completed within that period.

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specified interrogatories and requests for production. The defendants must serve responses within 120 days after service of the complaint and must quote each discovery request verbatim.

Disposition

The court dismissed Murphy’s claims against the Orange County Sheriff’s Department, directed service on Correction Officer Piper and Orange County, and applied Local Civil Rule 33.2 to the action. The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.