United States District Court, E.D. New York
Johnny Caldwell, Plaintiff, Pro se, Fitzgerald, GA.
For Defendants: No appearances.
MEMORANDUM & ORDER
Joanna Seybert, United States District Judge.
On September 8, 2014, then-incarcerated pro se plaintiff Johnny Caldwell (" Plaintiff") filed an in forma pauperis Complaint in this Court pursuant to 42 U.S.C. § 1983 (" Section 1983") against Suffolk County Police Commissioner Edward Webber (" Commissioner Webber"), Suffolk County Police Officer Joseph Peterson, Shield No. 6025 (" P.O. Peterson"), Suffolk County Police Sergeant Gina Reilly, Shield No. 1128 (" Sgt. Reilly"), and Suffolk County Police Detective Kevin P. Caraher, Shield No. 1380 (" Det. Caraher"), and the County of Suffolk (" County" and collectively, " Defendants"), accompanied by an application to proceed in forma pauperis.
Upon review of the declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, Plaintiff's claims against Commissioner Webber and Sgt. Reilly are sua sponte DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § § 1915(e)(2)(B) (ii), 1915A(b) for failure to state a claim for relief. Plaintiff's claims against the County of Suffolk are sua sponte DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § § 1915(e)(2)(B) (ii), 1915A(b) for failure to state a claim for relief. Plaintiff is GRANTED leave to file an Amended Complaint as set forth herein. Plaintiff's claims against P.O. Peterson and Det. Caraher shall proceed and the Court ORDERS service of the Summonses and Complaint and a copy of this Order upon these Defendants by the U.S. Marshal Service (" USMS").
Plaintiff's sparse handwritten Complaint, submitted on a Section 1983 complaint form, alleges, in its entirety:
On and about April 9th 2013 the Plaintiff was charged and arrested by several Suffolk County police officers and charged with felony charges that were false and he was wrongfully arrested, which violated his Constitutional civil rights and caused the plaintiff duress and hardship. These police officers did at all times acting under color of state law did apprehend the plaintiff and charge the plaintiff with robbery and assault therein the taking of a " POLICE TASER GUN" in which never happened. This was a fabricated statement to arrest and detain the plaintiff and to lose life and liberty at the hands of the Suffolk County Police Department which led to the several violations of the plaintiff's civil rights.
(Compl. at 4-5.) Based on the foregoing, Plaintiff alleges four causes of action. The First Cause of Action, in its entirety, alleges that:
The plaintiff seeks and demands compensatory damage relief from the defendants (Police Dept. for Suffolk County) for the violation of his Constitutional Civil Rights under the 14th Amendment for the depriving Plaintiff his due process rights, false statements, written statements that denied him of Life, Liberty and property without due process of the Law. The plaintiff demand 1 million dollars.
(Compl. at 6.) The Second Cause of Action, in its entirety, alleges that:
The plaintiff seeks monetary damage relief from the defendant (Joseph Peterson - P.O.) for the use of excessive force against the plaintiff which violated the 8th Amendment of the Constitution and plaintiff 4th Amendment of the Constitution to be free of cruel and unusual punishment and to be secure in his person, have papers and effects. The defendant violated two civil rights of the plaintiff in a serious manner while purporting to act under color of state law while in his official capacity as a Law dnforcement agent. The plaintiff seeks Two million dollars.
(Compl. at 7.) Plaintiff's Third Cause of Action alleges that:
The plaintiff demands punitive damage relief from the defendant Sgt. Gina Reilly for violating the plaintiff Civil Constitutional Rights to deprive him of life, liberty and due process of the law, and cruel and unusual punishment acting as a supervisor who is responsible for her insurbond and allowing a false arrest/charge(s) to take place under her supervision under the 4th Amendment of the Constitution, 8th Amendment of the Constitution ...