Faulkner v. Adams

Background

Dwayne Faulkner, who was representing himself, brought this action under 42 U.S.C. § 1983, a federal law allowing claims against state or local officials for violating constitutional rights. He alleged that defendants violated his rights while he was detained at the North Infirmary Command on Rikers Island. The court had previously allowed him to proceed without paying the filing fee upfront and had directed him to file an amended complaint.

The amended complaint named the City of New York; former Commissioner Louis Molina; Warden Robin Collins; mailroom officer Ms. Felder; property officer Mr. Bell; and several unidentified maintenance, plumbing, and housing-unit employees.

Claims Against Bell and Felder

Faulkner alleged that Bell and Felder misplaced or lost property that had been in their possession. The court treated these allegations as claims that the defendants violated the Fourteenth Amendment’s guarantee of procedural due process.

The court explained that a random and unauthorized loss of property by a government employee generally does not support a federal due-process claim when the state provides an adequate remedy afterward. New York provides remedies that may include state claims for negligence, conversion, or recovery of property. Faulkner did not allege that he had pursued those state remedies or that they were inadequate. His statement that he had pursued a claim through the City, but that it had been unsuccessful, was not enough to show that the state remedies were unavailable or inadequate.

The court therefore dismissed Faulkner’s procedural due-process claims against Felder and Bell for failure to state a claim. Because Faulkner had already been given an opportunity to amend and had not corrected the problem, the court declined to give him another opportunity to amend these claims.

Identifying the John Doe Defendants

Because Faulkner was representing himself and supplied enough information to identify the two maintenance workers, two plumbers, and housing-unit supervisor, the court directed the New York City Law Department, as the Department of Correction’s attorney and agent, to determine their identities and service addresses. The Law Department must provide that information to Faulkner and the court within 60 days of the order.

Faulkner must file an amended complaint naming the John Doe defendants within 30 days after receiving the information. That amended complaint will replace, rather than supplement, the existing complaint. The court will then screen the new complaint and may ask the newly identified defendants to waive service.

Service of the Existing Defendants

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of the order. It requested that the City of New York, former Commissioner Louis Molina, and Warden Robin Collins waive service of summons.

Disposition

The court dismissed Faulkner’s claims against Bell and Felder for failure to state a claim, ordered assistance in identifying the John Doe defendants, and requested service waivers from the City, Molina, and Collins. Judge Vernon S. Broderick signed the order.