United States District Court, E.D. New York
Plaintiff: Damon Taylor, pro se
Defendants: No appearances.
MEMORANDUM AND ORDER
September 6, 2019, incarcerated pro se plaintiff
Damon Taylor (“Plaintiff”) filed a Complaint in
this Court pursuant to 42 U.S.C. § 1983 (“Section
1983”) against Nassau County Sheriff Vera Fludd
(“Sheriff Fludd”), and the Nassau County
Correctional Center (the “Jail” and together,
“Defendants”). Plaintiff filed an application to
proceed in forma pauperis with the Complaint.
(See IFP Mot., D.E. 2.)
review of the declaration in support of the application to
proceed in forma pauperis, the Court GRANTS
Plaintiff's request to proceed in forma
pauperis. However, for the reasons that follow, the
Complaint is sua sponte DISMISSED pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1).
brief handwritten Complaint is submitted on the Court's
Section 1983 complaint form. In its entirety, Plaintiff
Camera(s) was placed in “strip search” area of
the visiting room here at the Nassau County Correctional
Center on or about June 12th, 2019. These camera(s) viewed
and possibly recorder Petitioner naked during the
“strip search” process once Petitioner completed
his visits(s) on the following date(s): June 13th, June 17th,
June 18th, June 20th, June 24th, July 1st, and July 3rd, all
of these date(s) are of the year 2019.
¶ III.) In the space on the form Complaint that calls
for a description of any claimed injuries, Plaintiff alleges
that “[n]o physical injuries are being claimed”
but he “has suffered from mental and emotional duress
due to these violations of his human and civil rights.”
(Compl. ¶ IV.A.) As a result of the foregoing, Plaintiff
seeks to recover an unspecified sum of “monetary
damages and any other relief that this Court may deem just
and proper.” (Compl. at 6.)
In Forma Pauperis Application
review of Plaintiff's 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 fees. See 28 U.S.C.
§ 1915(a)(1). Therefore, Plaintiff's request to
proceed in forma pauperis is GRANTED.
Application of 28 U.S.C. § 1915
1915 of Title 28 requires a district court to dismiss an
in forma pauperis complaint if the action is
frivolous or malicious, fails to state a claim upon which
relief may be granted, or seeks monetary relief against a
defendant who is immune from such relief. See 28
U.S.C. §§ 1915(e)(2)(B)(i)-(iii), 1915A(b). The
Court is required to dismiss the action as soon as it makes
such a determination. See id. § 1915A(b);
Liner v. Goord, 196 F.3d 132, 134 & n.1 (2d Cir.