Jude v. New York State Department of Corrections and Community Supervision

Background

Steven Jude, who is incarcerated at Five Points Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violations of constitutional rights. He alleged that defendants violated his constitutional rights at Sullivan Correctional Facility. The court had previously granted Jude permission to proceed without prepaying the filing fee.

Screening and claims against DOCCS

The court reviewed the complaint under the prisoner-screening statutes, which require dismissal of claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. The court dismissed Jude’s § 1983 claims against the New York State Department of Corrections and Community Supervision (DOCCS) under the Eleventh Amendment. The court explained that DOCCS is an arm of New York State, that New York had not waived its immunity from this federal lawsuit, and that Congress had not removed that immunity through § 1983.

Service on defendants

Because Jude was allowed to proceed without prepaying the filing fee, the court ordered the Clerk of Court and the U.S. Marshals Service to issue summonses and serve the listed individual defendants. Those defendants include DOCCS and Office of Mental Health officials, correctional-facility administrators, a hearing officer, sergeants, and correction officers.

The court directed the New York Attorney General to identify the DOCCS Disability Rights Coordinator named by Jude and provide that person’s service address within 60 days. The court also directed the Attorney General to provide badge numbers and service addresses for Officers George Jones and Earl Jones, a service address for former Deputy Superintendent of Security William Sherman, and notice about whether it could accept service for Officer Dane Rodriguez and Registered Nurse Megan Gerow. The court stated that Jude must request an extension if service is not completed within 90 days after summonses are issued.

Discovery and other directives

Local Civil Rule 33.2 applies to the case. That rule requires defendants in certain prisoner cases to answer specified interrogatories and requests for document production. Defendants must serve responses within 120 days after service of the complaint and must quote each request verbatim.

The court also instructed Jude to notify the court in writing if his address changes. It certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Disposition

The court dismissed Jude’s claims against DOCCS under the Eleventh Amendment, ordered service on the listed defendants, directed the Attorney General to provide information needed for service on other defendants, and applied Local Civil Rule 33.2. Judge Philip M. Halpern signed the order.