Folborg v. Blot

Background

The court had previously directed the New York State Attorney General to identify the correctional officer and sergeant referred to as John Doe defendants in Akil Folborg’s complaint. The Attorney General reported that, based on its investigation and information from the New York State Department of Corrections and Community Supervision, Sergeant Alexander Schmitt and Correction Officer Lewis Boyd were the employees who participated in the alleged cell extraction at Green Haven Correctional Facility on November 9, 2021.

Court’s Actions

The court deemed the complaint amended to replace “Officer John Doe” with Correction Officer Lewis Boyd and “Sergeant John Doe” with Sergeant Alexander Schmitt. Because Folborg had permission to proceed without paying the court’s filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to carry out service of process.

The Clerk of Court was directed to issue summonses for Schmitt and Boyd, complete the required service forms with their addresses, and deliver the necessary documents to the U.S. Marshals Service. The court extended the deadline for serving these defendants to 90 days after the summonses are issued. It also directed the Clerk to mail Folborg an information package.

Other Rulings

The court reminded Folborg that he must notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so. Judge Philip M. Halpern certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees. The order addressed defendant identification and service; it did not resolve the merits of Folborg’s underlying claims.