Ciccone v. John Doe 1 of NYS Police

Background

Nicholas V. Ciccone, who is incarcerated at Otisville Correctional Facility and is representing himself, brought this action under 42 U.S.C. § 1983. He alleges that two unidentified New York State troopers arrested him without cause. The defendants are identified in the complaint as John Doe #1 of NYS Police and John Doe #2 of NYS Police.

The court had granted Ciccone permission to proceed without paying court fees in advance. The order also notes that prisoners must still pay the full filing fee, even when granted that permission.

Identification of the Defendants

Because a self-represented litigant is entitled to help identifying an unknown defendant, the court found that Ciccone had provided enough information for the New York State Police to identify the two officers. The court ordered the New York State Attorney General, identified as the attorney and agent for the New York State Police, to determine each officer’s identity, badge number, and address where the officer can be served. The Attorney General must provide that information to Ciccone and the court within 60 days of the order.

Amended Complaint and Service

Within 30 days after receiving the identification information, Ciccone must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. After the amended complaint is filed, the court will screen it and, if necessary, direct the Clerk of Court to prepare documents for service by the U.S. Marshals Service.

Disposition

Judge Nelson S. Roman issued an order of service. The order did not decide whether the arrest was lawful or otherwise resolve the merits of Ciccone’s claims. It directed the Clerk of Court to mail the order and complaint to the New York State Attorney General and to send an information package and the order to Ciccone.