Gilmore v. Jackson

Background

Dale Gilmore, proceeding without a lawyer and currently incarcerated at Elmira Correctional Facility, brought an action seeking damages for alleged violations of his federal constitutional rights. The court understood the complaint as asserting claims under 42 U.S.C. § 1983 and Title VI of the Civil Rights Act of 1964. The alleged events occurred at Sing Sing Correctional Facility and Marcy Correctional Facility, both described in the order as New York State Department of Corrections and Community Supervision (DOCCS) facilities.

The complaint named Correctional Sergeant Angela Jackson, Correctional Officer Marvin Staten, seven unidentified Sing Sing correctional officers designated as “John Doe #1” through “John Doe #7,” and Georgia M. Hall, a registered nurse at Marcy. The court had previously allowed Gilmore to proceed without prepaying filing fees and had directed service on Jackson, Staten, Hall, and DOCCS.

Adding DOCCS

Using Federal Rule of Civil Procedure 21, which allows a court to add or remove a party on appropriate terms, the court directed the Clerk to add DOCCS as a defendant. The court reasoned that the alleged events took place in DOCCS facilities and that the individual defendants appeared to be DOCCS employees.

The court understood Gilmore to be asserting race-discrimination claims under Title VI based on Hall’s alleged actions. It stated that the proper defendant for a Title VI claim is the entity receiving federal funding, rather than an individual. The court therefore understood the complaint as also asserting Title VI claims against DOCCS, Hall’s employer. The addition of DOCCS was without prejudice to defenses DOCCS might assert.

Service and discovery

Because Gilmore was allowed to proceed without prepaying fees, the court directed the Clerk to issue summonses and prepare service forms for Jackson, Staten, Hall, and DOCCS. The Clerk was directed to send the necessary papers to the U.S. Marshals Service for service of the summonses and complaint. The court stated that service must occur within 90 days after the summonses are issued, or Gilmore should request an extension of time.

The court also directed Jackson, Staten, Hall, and DOCCS to comply with Local Civil Rule 33.2 within 120 days after service. That rule requires certain defendants in prisoner cases to respond to specified court-ordered interrogatories and document requests.

Identifying the John Doe defendants

The court directed the New York Attorney General, as attorney for and agent of DOCCS, to determine the identities, badge numbers, and service addresses of the seven unidentified correctional officers. The order describes those officers as having been assigned to Sing Sing on August 5, 2024, and present with Jackson and Staten in Sing Sing’s draft room when Jackson allegedly ordered Gilmore to remove his clothing.

The Attorney General was ordered to provide that information to the court and Gilmore within 60 days. Within 30 days after receiving it, Gilmore 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 would screen the amended complaint and, if necessary, issue further service instructions.

Disposition

This was an order of service and case administration. The court added DOCCS as a defendant, directed service on Jackson, Staten, Hall, and DOCCS, required those defendants to comply with Local Civil Rule 33.2, and ordered identification of the John Doe defendants. The order did not decide the merits of Gilmore’s constitutional or Title VI claims.