DeLeon v. Johnson
- Kenneth Karas
- 7:24-cv-08101
- U.S. District Court · Southern District of New York
- 4
In DeLeon v. Johnson, Judge Karas ordered service and automatic discovery to begin in Jonathan DeLeon’s prison civil-rights case.
Jonathan DeLeon and the eight named defendants: Superintendent Miller, Sergeant Johnson, Sergeant Clark, C.O. Bell, C.O. J. Pagan, C.O. R. Kriescher, C.O. Rodriguez, and C.O. Phil.
What happened
In DeLeon v. Johnson, Jonathan DeLeon, who is incarcerated and representing himself, alleges that eight correctional employees were deliberately indifferent to risks of serious harm connected to assaults at two correctional facilities. He brings the claims under a federal civil-rights law and the Eighth Amendment.
The court treated DeLeon’s original and supplemental pleadings as one operative complaint. Because DeLeon was allowed to proceed without prepaying filing fees, the court directed the Clerk and U.S. Marshals Service to issue summonses and serve Superintendent Miller, Sergeant Johnson, Sergeant Clark, C.O. Bell, C.O. J. Pagan, C.O. R. Kriescher, C.O. Rodriguez, and C.O. Phil. The court also ordered automatic discovery under a local rule, requiring defendants to respond within 120 days after service.
Judge Kenneth M. Karas did not decide whether DeLeon’s allegations were true or whether he would ultimately win. The order instead addressed service and discovery and instructed DeLeon to request more time if service is not completed within 90 days after summonses are issued.
The detailed version
- DeLeon v. Johnson · No. 7:24-cv-08101
- Kenneth Karas
- Jan. 6, 2025
Background
Jonathan DeLeon, who is incarcerated at Clinton Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law that permits claims against state actors for violations of constitutional rights. He alleges deliberate indifference to a risk of serious harm in violation of the Eighth Amendment. His original complaint concerns an assault at Green Haven Correctional Facility on June 9, 2024. His supplemental pleading concerns another assault at Clinton Correctional Facility on October 31, 2024. The court treated both pleadings together as the operative complaint.
The court had previously allowed DeLeon to proceed without prepaying filing fees. That status entitled him to assistance from the court and the U.S. Marshals Service in serving the defendants.
Service of Process
The court directed the Clerk of Court to issue summonses and prepare service paperwork for Superintendent Miller, Sergeant Johnson, Sergeant Clark, C.O. Bell, C.O. J. Pagan, C.O. R. Kriescher, C.O. Rodriguez, and C.O. Phil. The Clerk was also directed to send the necessary documents to the U.S. Marshals Service so the Marshals Service could serve those defendants.
The order states that if the complaint is not served within 90 days after the summonses are issued, DeLeon should request an extension of time for service. It also requires DeLeon to notify the court in writing if his address changes and states that the action may be dismissed if he fails to do so.
Automatic Discovery
The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond to specified interrogatories and document requests within 120 days after service of the complaint. Their responses must quote each discovery request verbatim. The court noted that DeLeon may request copies of the discovery requests from the Pro Se Intake Unit if he cannot access them on the court’s website.
Disposition
The court deemed the original complaint and supplemental complaint to be one operative complaint. It directed the Clerk to mail DeLeon an information package, issue summonses, complete the service forms, and provide the required documents to the U.S. Marshals Service. The court also ordered that Local Civil Rule 33.2 applies to the action. This order did not decide the merits of DeLeon’s Eighth Amendment allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.