In re Rikers West Facility Coordinated Cases

Summary

The Southern District of New York construed pro se plaintiff Mark Russell’s submissions liberally and treated his motion to amend, declarations, and related filings as opposition to the City of New York’s motion to dismiss in coordinated cases. The court granted the relevant motions, extended the City’s deadline to respond to Russell’s temporary restraining order motion, and set a deadline for Russell’s reply. The court also directed the Clerk to mail the order to pro se plaintiffs and terminate specified motions.

Holdings

1. A pro se litigant's submissions must be construed liberally and interpreted to raise the strongest arguments they suggest; accordingly, Russell's motion for leave to amend and related submissions were construed as opposition to the City's motion to dismiss.
2. The City of New York was granted an extension to respond to Russell's motion for a temporary restraining order, with its response due December 10, 2025, and Russell's reply, if any, due December 24, 2025.

Questions Presented

1. Whether Russell's pro se motion for leave to amend and related submissions should be liberally construed as opposition to the City's motion to dismiss.
2. Whether the City should receive an extension of time to respond to Russell's motion for a temporary restraining order.
3. Whether any claim concerning violations of remedial orders or a consent judgment in Nunez should be presented to the judge presiding over that action.

Disposition

other