Magistrate Judge Thérèse Wiley Dancks
Phillips’ pro se 42 USC §1983 action sought $200 million in damages on grounds that the Cortland City Police Department (CCPD) did not allow him to press charges against others who had done him wrong. Allowing Phillips to proceed in forma pauperis, the magistrate judge recommended that Phillips’ complaint be dismissed with prejudice. As an administrative arm of the City of Cortland, the CCPD lacked capacity to be sued. Because the CCPD, as the named defendant, did not have a separate legal identity apart from the City of Cortland, Phillips’ claims against the CCPD were not plausible. Further, Phillips’ complaint was devoid of factual allegations suggesting that an official policy of the City of Cortland caused him to be denied the opportunity to press charges against those whom he believed did him wrong. Citing Sipe v. Harper, Linda R.S. v. Richard D. and Sattler v. Johnson, the magistrate judge also observed that there simply is no constitutional right to press criminal charges against another individual. As a result, Phillips’ allegations provided no basis for a §1983 claim. Phillips could not state a cognizable §1983 claim against the CCPD or City of Cortland.
