Placencia Jr. v. NYC/NYC DOC

Background

Eduardo Placencia Jr., who was detained at the Otis Bantum Correctional Center in the custody of the New York City Department of Correction, brought the action without a lawyer. He alleged that events in 2022 at the George R. Vierno Center included housing him in the same unit as detainees known to be from rival gangs, returning him to that unit with an attacker after he had been stabbed, and imposing frequent lockdowns without access to showers, recreation, or services. He asserted claims under 42 U.S.C. § 1983, a federal law that permits certain claims against state or local officials.

The court had previously allowed Placencia Jr. to proceed without paying the filing fee upfront. The court then reviewed the complaint under federal screening rules for prisoner cases.

People Listed as Plaintiffs

The complaint listed 15 other individuals under the heading “Plaintiffs.” The court found that none had signed the complaint or submitted an application to proceed without paying fees and the required prisoner authorization. The complaint also did not provide an address for any of them or indicate that they knowingly intended to join the action.

The court therefore did not treat those individuals as plaintiffs. It also stated that Placencia Jr. could not bring a lawsuit on behalf of other people because he was not licensed as an attorney. The clerk was directed to terminate all listed plaintiffs except Eduardo Placencia Jr., who would proceed as the sole plaintiff.

New York City Department of Correction

The court stated that claims against the New York City Department of Correction must be dismissed because the agency cannot be sued in its own name. Because the complaint clearly intended to assert claims against the City of New York, the court construed it as naming the City and directed the clerk to replace “NYC/NYC DOC” with the City of New York in the caption. The court stated that this change was without prejudice to defenses the City might later assert.

Service and Discovery

The clerk was directed to notify the New York City Department of Correction and the New York City Law Department electronically. The court requested that the City of New York, GRVC Deputy Warden Greene, GRVC Captain Ballah, GRVC Captain Gainiess, and DOC Assistant Chief of Security Charleton Lemon waive service of summons.

The court also held that Local Civil Rule 33.2 applies. Under that rule, within 120 days after service of the complaint, the defendants must respond to specified discovery requests and quote each request verbatim in their responses.

Disposition and Classification

The court entered an order of service, directed that the other listed individuals be removed as plaintiffs, and substituted the City of New York for “NYC/NYC DOC.” The opinion does not decide the merits of Placencia Jr.’s allegations about jail safety or lockdown conditions. This is a procedural order because it addresses party status, the proper municipal defendant, service, and standard discovery rather than deciding who was right on those underlying claims.