Bien-Aime v. DOCCS

Background

The opinion's caption identifies the plaintiff as Elijah Blaise Bien-Aime and names the City of New York and other defendants. On February 6, 2025, the court entered an order concerning service of the lawsuit and asked Captain Kelly, described as a female New York City Department of Correction captain assigned to the Rikers Island facility where the plaintiff was held on February 14, 2022, and the City of New York to accept service without formal summonses.

On February 11, 2025, the New York City Department of Correction declined to accept service for Captain Kelly because it needed more information to identify her. The City of New York had not accepted service or appeared in the action.

Order

Because the plaintiff is proceeding without a lawyer, the court stated that he is entitled to assistance in identifying a defendant. The court ordered that, if Bien-Aime wishes to pursue his claims against Captain Kelly, he must submit a letter by March 17, 2025, giving a more detailed description of her. The requested information includes her first name and badge number, if known; the exact date and approximate time of the interaction; the specific location; how she approached or interacted with him; and a physical description, including approximate height and weight, gender, and skin, eye, and hair color.

Within 30 days after Bien-Aime provides the information, the Law Department and the New York City Department of Correction must identify the defendant if possible and either provide the address or addresses where Captain Kelly can be served or state whether the Department of Correction will accept service on her behalf.

Disposition and significance

Judge Barbara Moses issued an identification-and-service order. The opinion did not decide whether Bien-Aime's underlying claims are valid, and it did not enter a judgment on those claims. This is a procedural order addressing identification of a defendant and service of process.