Sadikhov v. John Doe 1

Background

Ruslan Sadikhov, who is incarcerated at Attica Correctional Facility and is representing himself, filed an action claiming violations of his federal constitutional rights. The court construed the complaint as bringing claims under 42 U.S.C. § 1983, a federal law that allows claims for constitutional violations. Sadikhov seeks damages and injunctive relief. The defendants include three unidentified correctional officers assigned to Green Haven Correctional Facility, an unidentified Green Haven supervisor, the Green Haven superintendent, and New York State Department of Corrections and Community Supervision Commissioner Daniel F. Martuscello III.

The court had previously granted Sadikhov permission to proceed without prepaying filing fees. This order addressed service of the complaint, discovery, and identification of the unnamed defendants. It did not decide the merits of the constitutional claims.

Service on Named Defendants

Because Sadikhov was allowed to proceed without prepaying fees, the court directed the Clerk of Court and the United States Marshals Service to serve the complaint and summonses on the Green Haven superintendent and Commissioner Martuscello. The Clerk must prepare the required service forms and deliver the necessary papers to the Marshals Service.

The court stated that service must occur within 90 days after the summonses issue. If service is not completed within that period, Sadikhov should request more time. The court also instructed Sadikhov to notify the court in writing of any address change and warned that the action may be dismissed if he fails to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applies. That rule requires certain defendants in prisoner actions to answer specified court-ordered discovery requests. The Green Haven superintendent and Commissioner Martuscello must serve responses within 120 days after service, and their responses must quote each request verbatim.

Identifying the John Doe Defendants

The court found that the complaint provided enough information for the Attorney General of the State of New York, acting as counsel and agent for the state corrections department, to identify the unnamed defendants. The requested information concerns correctional officers who escorted or monitored Sadikhov during his February 16, 2024 intake at Green Haven, including his placement in a holding cell, escort to an intake shower area, search in that area, and placement in a barber chair. It also concerns supervisory correctional officers present during those events.

The Attorney General must provide the unnamed defendants’ identities, badge numbers, and service addresses to Sadikhov and the court within 60 days of the order. Within 30 days after receiving that information, Sadikhov must file an amended complaint naming the newly identified individuals and providing their badge numbers and service addresses. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue further service and discovery directions.

Disposition

Judge Kenneth M. Karas directed service on the Green Haven superintendent and Commissioner Martuscello, ordered compliance with Local Civil Rule 33.2, and directed the Attorney General to identify the unnamed defendants. The order did not resolve the underlying constitutional claims.