Greene v. Martuscello
- Nelson Roman
- 7:24-cv-05228
- U.S. District Court · Southern District of New York
- 9
In Greene v. Martuscello, Judge Roman directed New York’s Attorney General to identify unnamed prison-staff defendants and set deadlines for amended pleading.
Terrance Greene, the unidentified prison-staff defendants, the New York State Attorney General, and the New York State Department of Corrections and Community Supervision.
What happened
In Greene v. Martuscello, Terrance Greene, who is incarcerated, brought a lawsuit without a lawyer claiming violations of his federal constitutional rights and seeking damages. The court treated his claims as arising under a federal civil-rights law known as Section 1983.
Greene’s amended complaint named unidentified staff members, called “John Doe” defendants, whom he said were responsible for placing him in temporary isolation, monitoring his well-being, and refusing requests during a period in April 2024. The opinion refers both to Sing Sing Correctional Facility and to Green Haven staff, so the facility reference is unclear.
The court directed New York’s Attorney General to identify the unnamed defendants, provide their service addresses and, if appropriate, badge numbers within 60 days. Greene must then file a second amended complaint naming those individuals within 30 days after receiving the information; Judge Nelson S. Roman stated that the court would later screen that complaint and, if necessary, direct service.
The detailed version
- Greene v. Martuscello · No. 7:24-cv-05228
- Nelson Roman
- Apr. 10, 2025
Background
Terrance Greene filed this action without a lawyer while incarcerated, asserting violations of his federal constitutional rights and seeking damages. The court had previously allowed him to proceed without paying the filing fee upfront. It construed his claims as claims under 42 U.S.C. § 1983, a federal law that permits claims for constitutional violations by state actors.
Greene’s first amended complaint sued unidentified “John Doe” members of prison staff. The opinion states that the unidentified defendants were staff members responsible for placing Greene in a temporary isolation cell or room, monitoring his well-being, and declining his requests during April 9 through April 12, 2024. The opinion refers to Sing Sing Correctional Facility in one passage but later describes the relevant staff as Green Haven staff.
Court’s action
The court relied on the rule that a person proceeding without a lawyer is entitled to the court’s assistance in identifying an unnamed defendant and obtaining that defendant’s service address. It directed the Attorney General of the State of New York, as the attorney and agent for the New York State Department of Corrections and Community Supervision, to determine the identities, service addresses, and, if appropriate, badge numbers of the defendants Greene seeks to sue. The Attorney General must provide that information to Greene and the court within 60 days of the order.
Within 30 days after receiving the information, Greene must file a second amended complaint naming the identified individuals and providing their service addresses and, if appropriate, badge numbers. The second amended complaint will replace, rather than supplement, the existing amended complaint. The court stated that it would screen the second amended complaint and, if necessary, issue an order directing service on the newly identified defendants.
Disposition and significance
The order does not decide whether Greene’s constitutional claims are legally valid or whether the defendants are liable. It is a procedural order requiring assistance in identifying defendants and establishing the next pleading steps. The court also directed the Clerk of Court to mail the order to Greene and to send the order and amended complaint to the New York Attorney General.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.