Cummings v. John Doe OMH Provider

Background

On March 14, 2024, the court directed the New York City Law Department, acting for the New York City Department of Correction, to identify the unnamed defendants allegedly involved in the events underlying Najay Cummings’s complaint.

Identifications

The Law Department and its outside counsel identified the John/Jane Doe Psychiatrist as James Cassar, whom the order describes as a psychiatric nurse practitioner employed by Correctional Health Services. They identified the John/Jane Doe Pharmacist as Chelsea Whittaker, whom the order describes as a pharmacy technician employed by Physician Affiliate Group of New York, Inc. The Law Department stated that it could not determine the identity of the John Doe OMH Provider despite reviewing its records.

Order

Judge Katherine Polk Failla ordered Cummings to file an amended complaint by June 27, 2024. The order directed him to name Cassar and Whittaker in that amended complaint. After the amended complaint is filed, the court said it would direct the Clerk of Court to complete the service paperwork and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to send the order to the New York City Law Department and to Cummings.

Effect of the Order

This order addressed identifying defendants, amending the complaint, and arranging service. The opinion does not decide the merits of Cummings’s underlying claims and does not identify the John Doe OMH Provider.