Judge William Kuntz
Detainee Neptune’s pro se complaint asserted that the Brooklyn Public Library, its general counsel and a staff librarian violated his constitutional rights pursuant to 42 USC §1983. Neptune asserted that another library patron hit hhim with a chair after he asked that patron to turn off a computer from which the patron was watching pornography. Although it permitted Neptune to proceed in forma pauperis, the court dismissed his §1983 complaint for failure to state a claim upon which relief could be grounded. Citing Breytman v. New York Public Library and Gilliard v. New York Public Library System, the court held that the Brooklyn Public Library does not act under color of state laws. The remaining defendants were private individuals. Thus amendment of Neptune’s complaint would be futile. Citing Coppedge v. United States, the court denied Neptune in forma pauperis status for appeal purposes. Pursuant to 28 USC §1915(a)(3) the court certified that any appeal would not be taken in good faith.
