Hernandez v. City of Middletown N.Y. Police

Background

Jose Mejia Hernandez, who was detained at the Orange County Jail and was proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983. He alleged that a detective or detectives of the Middletown Police Department used excessive force against him and violated his Fifth Amendment rights by using coercion to obtain a statement that was not voluntary. The court had granted permission for Hernandez to proceed without prepaying the filing fee.

Screening and defendants

The court explained that it had to dismiss claims that were frivolous, malicious, failed to state a legally valid claim, sought money from an immune defendant, or fell outside the court’s jurisdiction. Because Hernandez was representing himself, the court interpreted his allegations liberally and considered the claims they reasonably suggested.

The court dismissed the claims against the Middletown Police Department and the Detectives Division under 28 U.S.C. § 1915(e)(2)(B)(ii). It held that, under New York law, municipal departments and agencies do not have a separate legal identity that allows them to be sued. Because Hernandez likely intended to sue the City of Middletown, the court directed the clerk to add the City of Middletown as a defendant under Federal Rule of Civil Procedure 21. The amendment was stated to be without prejudice to defenses the city might assert.

The court also directed the clerk to add “John Doe Detective(s)” as defendants. Hernandez had not named individual officers, but he alleged that a detective or detectives were personally involved in the alleged excessive force and coercion. The amendment was likewise stated to be without prejudice to defenses those defendants might assert.

Service and identification of the detectives

Because Hernandez was allowed to proceed without prepaying fees, the court ordered the clerk to issue a summons and prepare the required U.S. Marshals Service form so the Marshals Service could serve the City of Middletown. The court extended the service period to 90 days after the summons is issued. Hernandez was told to request more time if service was not completed within that period and to notify the court in writing of any address change.

The court ordered the City of Middletown’s Corporation Counsel to identify the detective or detectives involved, including their badge numbers and addresses where they could be served. Corporation Counsel must provide that information to Hernandez and the court within 60 days of the order. Once the detectives are identified, the court will treat the complaint as amended and issue another service order.

Discovery and disposition

The court determined that Local Civil Rule 33.2 applies. Within 120 days after service of the complaint, defendants must respond to the specified prisoner-case interrogatories and document requests and must quote each request verbatim.

Judge Philip M. Halpern ordered the dismissal of the claims against the Middletown Police Department and the Detectives Division, directed that the City of Middletown and “John Doe Detective(s)” be added as defendants, and directed service through the U.S. Marshals Service. The court also certified that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees.