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S.D.N.Y.Procedural orderFiled May 30, 2024

Jaime v. New York State Department of Corrections

Judge
Kenneth Karas
Docket
7:24-cv-02758
Court
U.S. District Court · Southern District of New York
Pages
5
Civil RightsSection 1983Pro SeCivil Procedure
In one sentence

In Jaime v. New York State Department of Corrections, Judge Karas dismissed claims against DOCCS and ordered service on four officers.

Who this affects

Luis Jaime’s claims against the New York State Department of Corrections and Community Supervision were dismissed, while the claims against Klien, Officer L. Farr, Officer Garcia, and Correction Officer Holmes were ordered served and continue at this stage.

What happened

Luis Jaime, who is incarcerated, brought a case without a lawyer under a federal civil-rights law, alleging that four officers used excessive force against him. He was allowed to proceed without paying the filing fee upfront.

The court dismissed Jaime’s claims against the New York State Department of Corrections and Community Supervision because the Eleventh Amendment generally protects states and their agencies from such federal lawsuits. The court ordered the U.S. Marshals Service to serve Officers Klien, L. Farr, Garcia, and Holmes.

Judge Kenneth M. Karas also applied a local rule requiring the defendants to answer specific discovery requests within 120 days after service. The case therefore continues against the four officers, while the claims against the Department of Corrections were dismissed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Jaime v. New York State Department of Corrections · No. 7:24-cv-02758
Judge
Kenneth Karas
Date
May 30, 2024

Background

Luis Jaime, who is incarcerated at Wende Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that Klien, Officer L. Farr, Officer Garcia, and Correction Officer Holmes used excessive force against him while he was incarcerated at Sullivan Correctional Facility. Chief Judge Laura Taylor Swain had allowed Jaime to proceed without prepaying the filing fee.

Screening and service

Because Jaime was allowed to proceed without prepaying the fee, the court directed the Clerk of Court to issue summonses and prepare the documents needed for the U.S. Marshals Service to serve Klien, L. Farr, Garcia, and Holmes. The court stated that service must occur within 90 days after the summonses are issued, and that Jaime should request more time if service is not completed within that period. The court also required Jaime to notify the court in writing if his address changes.

Claims against the Department of Corrections

The court dismissed Jaime’s claims against the New York State Department of Corrections and Community Supervision, referred to in the opinion as DOCCS. Applying the Eleventh Amendment, the court explained that states and state instrumentalities generally cannot be sued in federal court unless they waive immunity or Congress removes it. The court found that New York had not waived its immunity and that Congress had not removed it through § 1983. The opinion does not state that the court dismissed the claims with or without prejudice.

Discovery

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. The defendants must serve responses to those standard interrogatories and document requests within 120 days after service of the Complaint and must quote each request verbatim in their responses.

Disposition

The court ordered the Clerk to issue summonses and deliver the necessary papers to the U.S. Marshals Service, dismissed Jaime’s claims against DOCCS, and applied Local Civil Rule 33.2 to the action. Judge Kenneth M. Karas signed the order.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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