Crumbsie v. Officer Warthwood
- Nelson Roman
- 7:25-cv-00229
- U.S. District Court · Southern District of New York
- 11
In Crumbsie v. Warthwood, Judge Roman ordered service, required discovery, and directed identification of the John Doe defendants.
Spencer T. Crumbsie, Correction Officer Warthwood, the two unidentified correction officers, the Westchester County Attorney, the Westchester County Department of Correction, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Spencer T. Crumbsie v. Correction Officer Warthwood, Spencer T. Crumbsie, representing himself, sued Correction Officer Warthwood and two unidentified correction officers over alleged federal constitutional violations and state-law claims. The court understood the federal claims as claims under a civil-rights statute, 42 U.S.C. § 1983.
The court had already allowed Crumbsie to proceed without paying court fees upfront. It ordered the U.S. Marshals Service to serve Warthwood and required Warthwood to answer specified discovery requests. It also ordered the Westchester County Attorney to identify the two John Doe officers, including their service addresses and badge numbers. After receiving that information, Crumbsie must file an amended complaint naming those officers.
Judge Nelson S. Roman ordered service on Warthwood and set the related deadlines, but the order did not decide whether Crumbsie’s claims were legally valid or whether anyone violated his rights.
The detailed version
- Crumbsie v. Officer Warthwood · No. 7:25-cv-00229
- Nelson Roman
- Mar. 10, 2025
Background
Spencer T. Crumbsie, who was being held at the Westchester County Jail and filed the action while incarcerated at the Elmira Correctional Facility, brought the case without a lawyer. He seeks damages from Westchester County Jail Correction Officer Warthwood and two unidentified correction officers. The court understood the complaint to assert federal constitutional claims under 42 U.S.C. § 1983, a statute that allows certain claims for constitutional violations by state or local officials, as well as state-law claims.
The court had granted Crumbsie permission to proceed without prepaying filing fees in an order dated February 6, 2025. This order did not determine the truth of the allegations or the defendants’ liability.
Court’s directives
Because Crumbsie was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue a summons for Warthwood, complete the required service form, and send the necessary papers to the U.S. Marshals Service for service of the summons and complaint. If service is not completed within 90 days after the summons is issued, Crumbsie should request more time. The court also stated that Crumbsie must notify the court in writing of any address change and that the action may be dismissed if he fails to do so.
The court ruled that Local Civil Rule 33.2 applies. That rule requires certain defendants in prisoner cases to respond to specified court-ordered discovery requests. Warthwood must serve responses within 120 days after being served with the summons and complaint, and the responses must quote each request verbatim.
The court also directed the Westchester County Attorney, acting for the Westchester County Department of Correction, to determine the full identities, service addresses, and badge numbers of the unidentified officers. The opinion says the complaint provided enough information to identify officers assigned to the Westchester County Jail on or about August 28, 2024, who allegedly assisted Warthwood during the search described in the complaint. The County Attorney must provide the information to Crumbsie and the court within 60 days of the order.
Within 30 days after receiving that information, Crumbsie must file an amended complaint naming the newly identified individuals and providing their service addresses and badge numbers. The amended complaint will replace, rather than supplement, the original complaint. The court will then screen the amended complaint and, if necessary, issue further service instructions.
Disposition and classification
The court directed service on Warthwood, directed the Clerk to send the service materials to the Marshals Service, directed Warthwood to comply with Local Civil Rule 33.2, and directed the County Attorney to identify the John Doe defendants. This was an order managing service and identifying defendants; it did not reach the merits of Crumbsie’s claims. Judge Nelson S. Roman therefore entered a procedural order rather than a ruling on who was right about the alleged constitutional or state-law violations.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.