Franquet v. Martuscello

Background

Julius C. Franquet, Jr., who was incarcerated at Fishkill Correctional Facility, brought the action without a lawyer under 42 U.S.C. § 1983, a federal statute that allows claims for violations of federal rights by state actors. He sought damages and declaratory relief. The defendants named in the complaint were Daniel F. Martuscello III, Carol A. Moores, Michael A. Daye, Latasha Jackson-Smith, Dr. Zamilus, Katie Ngbodi, “RN #636,” and “John Doe RN #1.” The action had originally been filed in the Northern District of New York and was transferred to the Southern District of New York.

The court had previously granted Franquet permission to proceed without prepaying filing fees. This order addressed service of the complaint, identification of the two unnamed defendants, and Franquet’s request for appointment of pro bono counsel.

Service on Identified Defendants

Because Franquet was permitted to proceed without prepaying fees, the court directed the Clerk of Court to prepare a summons and a U.S. Marshals Service process form for each of the six identified defendants: Martuscello, Moores, Daye, Jackson-Smith, Zamilus, and Ngbodi. The Clerk was directed to provide the necessary documents to the U.S. Marshals Service so that it could serve the summonses and complaint.

The court stated that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Franquet should request an extension of time. The court also required Franquet to notify the court in writing of any address change and stated that the action could be dismissed if he failed to do so.

Unidentified Defendants

The court explained that a self-represented litigant is entitled to court assistance in identifying an unnamed defendant and obtaining that person’s service address. It found that Franquet had provided enough information for the New York State Department of Corrections and Community Supervision to identify “RN #636,” described as a nurse who medically screened him when he arrived at Fishkill on May 18, 2024, and “John Doe RN #1,” described as a nurse who examined or treated him around May 20, 2024, in the Fishkill Regional Medical Unit.

The court directed the New York Attorney General’s Office to provide the identities and service addresses of those two nurses to Franquet and the court within 60 days of the order. Within 30 days after receiving that information, Franquet must file an amended complaint naming the newly identified individuals and providing their service addresses. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue another service order.

Motion for Appointment of Counsel

The court denied Franquet’s motion for appointment of pro bono counsel without prejudice. “Without prejudice” means the ruling does not bar him from making another request later. The court explained that appointment of counsel in a civil case is discretionary and generally requires consideration of whether the claims appear likely to have merit, whether the person seeking counsel has been unable to obtain a lawyer, and whether practical factors make counsel necessary.

The court found that Franquet had provided limited evidence that he tried to obtain counsel. Although he stated that he and his family had written to many attorneys, the court found that he had not shown that he had exhausted his search, such as by consulting attorneys who might accept the case on a contingency basis or contacting legal clinics or nonprofit organizations that might pursue the case without charge.

The court also stated that, even assuming Franquet’s claims had some likelihood of merit, he had not shown that counsel was necessary at that stage. His claims were largely based on events he personally experienced, and he had not shown that the case required outside investigation, involved unusual complexity, or presented special circumstances requiring counsel. The court noted that Franquet had so far been able to present his claims coherently.

Disposition

The court denied Franquet’s motion for appointment of counsel without prejudice. It directed the Clerk to mail Franquet an information package, issue summonses for the six identified defendants, complete the necessary U.S. Marshals Service forms, and provide the service materials to the U.S. Marshals Service. It also directed that copies of the order and complaint be sent to the New York Attorney General’s Office and attached forms for an amended complaint and a later request for pro bono counsel.