Pineda v. Dutchess County
- Clarke
- 7:25-cv-04554
- U.S. District Court · Southern District of New York
- 4
In Pineda v. Dutchess County, Judge Clarke ordered Marshals service and identification of a John Doe defendant; no merits ruling was made.
Jose Pineda, Dutchess County, Sheriff Kirk Imperati, Officer Arroyo, Sergeant LaMonica, the unidentified John Doe defendant, and the Dutchess County Attorney.
What happened
Pineda v. Dutchess County involves Jose Pineda’s constitutional-rights lawsuit under Section 1983 against Dutchess County and several named defendants. The court had already allowed Pineda to proceed without paying filing fees upfront.
The court ordered the Clerk of Court and the U.S. Marshals Service to serve Dutchess County, Sheriff Kirk Imperati, Officer Arroyo, and Sergeant LaMonica. It also directed the Dutchess County Attorney to identify the unnamed defendant known as John Doe, also called “Frank,” and provide a service address.
Within 60 days, the County Attorney must provide the identification information; Pineda then has 30 days to file an amended complaint naming that defendant. Judge Jessica G. L. Clarke’s order addressed service and case administration, not whether Pineda’s constitutional claims are valid.
The detailed version
- Pineda v. Dutchess County · No. 7:25-cv-04554
- Clarke
- June 4, 2025
Background
Jose Pineda, representing himself, brought this action under 42 U.S.C. § 1983, alleging violations of his constitutional rights. The court had previously granted Pineda permission to proceed without prepaying filing fees. The opinion is an order concerning service of the lawsuit and identification of an unnamed defendant.
Service on Named Defendants
Because Pineda was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was directed to issue summonses for Dutchess County, Sheriff Kirk Imperati, Officer Arroyo, and Sergeant LaMonica; complete the required U.S. Marshals Service forms with their addresses; and provide the Marshals Service with the documents needed for service.
The court extended the service period so that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Pineda should request more time. The court also directed Pineda to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Identifying the John Doe Defendant
Pineda named a defendant as John Doe, also known as “Frank.” The opinion states that the information in the complaint appeared sufficient for Dutchess County to identify this person from the Food Services Division of the Dutchess County Jail, working during a period in or about May 8 through May 13, 2025.
The Dutchess County Attorney was ordered to determine John Doe’s identity and service address and provide that information to Pineda and the court within 60 days of the order. Within 30 days after receiving the information, Pineda must file an amended complaint naming the defendant. The amended complaint will replace the original complaint rather than add to it. The court will then screen the amended complaint and, if needed, direct the Clerk to arrange service on the newly named defendant.
Disposition
The court directed the Clerk to mail Pineda an information package and an amended-complaint form, issue summonses for the four named defendants, prepare the service forms, and send the required materials to the Marshals Service. The Clerk was also directed to send the order and complaint to the Dutchess County Attorney. Judge Jessica G. L. Clarke did not decide the merits of Pineda’s constitutional claims in this order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.