Murray v. City of New York

Background

Robert Murray, who is representing himself, filed a civil-rights action under 42 U.S.C. § 1983. The opinion states that Murray is a pretrial detainee housed at West Facility on Rikers Island. He alleges at least seven constitutional claims against 17 defendants based on events at various Rikers Island facilities and at the Mid-Hudson Forensic Psychiatric Center on dates ranging from June 7, 2023, through March 10, 2024. The defendants include the City of New York, Department of Correction personnel, and other named or unidentified individuals.

The court had previously granted Murray permission to proceed without paying filing fees in advance. The court also noted that prisoners remain responsible for the full filing fee under the applicable federal statute.

Service of Process

The court directed the Clerk of Court to electronically notify the New York City Department of Correction and the New York City Law Department. It requested that the City of New York, Dept. Hamuton, C.O. Philogene, C.O. Dawkins, Capt. Toliver, C.O. Monagan, C.O. Hasangjekaj, C.O. Tomasik, Payne, C.O. Pratt, and Captain Banks waive formal service of a summons under Federal Rule of Civil Procedure 4(d).

Although Captain Banks appeared in the complaint’s caption but was not listed on the electronic docket, the court directed the Clerk to list Captain Banks as a defendant. The opinion does not describe specific allegations against Captain Banks.

Identifying Doe Defendants

The court applied the procedure recognized in Valentin v. Dinkins, under which a court assists a self-represented litigant in identifying a defendant when the complaint provides enough information. The court found that Murray supplied enough information for the Department of Correction to identify the Jane Doe correction officer whom he alleges used a chemical agent against him on October 24, 2023.

The Law Department was ordered to determine the identities and badge numbers of the John and Jane Doe defendants whom Murray seeks to sue, as well as the address where each can be served. It was also ordered to confirm the identities and badge numbers of other defendants named in the complaint. The Law Department must provide that information to Murray and the court by letter filed on the electronic docket within 60 days of the order.

Murray must file an amended complaint naming the Doe defendants within 30 days after receiving the information. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint and may issue another service-waiver order if necessary. The court declined at this time to order identification of five John Doe correction officers because Murray did not allege facts showing their personal involvement or provide information that would allow the Department of Correction to identify them.

Discovery

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

Disposition

The court entered an order of service. It directed the Clerk to notify the Department of Correction and the Law Department, requested waivers of service from the listed defendants, ordered the Law Department to identify certain defendants, required Murray to file an amended complaint after receiving that information, and applied Local Civil Rule 33.2. The order did not decide the merits of Murray’s constitutional claims. Magistrate Judge Stewart D. Aaron signed the order.