Urena v. The City of New York

Background

Amaury Urena, who is detained at the George R. Vierno Center on Rikers Island, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights law that permits claims against state or local officials for violating federal rights. He alleges that The City of New York, Captain Lewis, Captain John Doe, and C.O. John Doe denied him medical care and used excessive force. The court had previously granted Urena permission to proceed without prepaying filing fees.

Service and identification of unnamed 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 and Captain Lewis waive service of summons.

The court issued an identification order under Valentin v. Dinkins, which requires court assistance for a self-represented litigant who needs help identifying a defendant. The court found that Urena had provided enough information for the Department of Correction to identify the unnamed captain and correction officer involved in the December 25, 2023 incident. The New York City Law Department must determine each person’s identity and badge number, as well as an address where each can be served, and provide that information to Urena and the court within 60 days of the order.

Within 30 days after receiving the information, Urena must file an amended complaint naming the newly identified defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if needed, issue another order concerning service.

Discovery

The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specified, court-ordered discovery requests. The City of New York and Captain Lewis must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint. Their responses must quote each discovery request word for word.

Disposition

Judge John P. Cronan issued an order directing service-related actions, identification of the two unnamed defendants, amendment of the complaint, and responses to specified discovery requests. The opinion does not decide the merits of Urena’s allegations about medical care or excessive force.