Lewis v. Bentivegna
- Laura Swain
- 7:25-cv-03632
- U.S. District Court · Southern District of New York
- 11
In Lewis v. Bentivegna, Judge Seibel ordered service of Michael Lewis’s constitutional-rights lawsuit and identification of an unnamed nurse.
Michael Lewis, the five identified defendants, the unidentified nurse referred to as “Nurse ‘H,’” the New York Attorney General’s Office, the Clerk of Court, and the United States Marshals Service.
What happened
In Lewis v. Bentivegna, Michael Lewis, who is incarcerated at Green Haven Correctional Facility, sued prison officials and nurses under a federal civil-rights law, seeking damages and other relief. The court had already allowed him to proceed without paying filing fees upfront.
The court directed the United States Marshals Service to serve Dr. Robert Bentivegna, Bobbi Tuohy, Nurse Felix, Nurse Alexandra, and Nurse Debbyo. It also ordered the New York Attorney General’s Office to identify “Nurse ‘H’” and provide that person’s service address within 60 days. Lewis must then file an amended complaint naming that nurse within 30 days after receiving the information.
Judge Cathy Seibel issued an order of service on July 29, 2025. The order addressed service and identification of defendants; it did not decide whether Lewis’s constitutional claims were legally valid.
The detailed version
- Lewis v. Bentivegna · No. 7:25-cv-03632
- Laura Swain
- July 29, 2025
Background
Michael Lewis, who is incarcerated at Green Haven Correctional Facility, filed this action without a lawyer. He alleges violations of his federal constitutional rights and seeks damages and other relief. The court construed his complaint as asserting claims under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims against state or local officials.
The defendants identified in the complaint are Dr. Robert Bentivegna, Green Haven’s former Facility Health Services Director; Bobbi Tuohy, Green Haven’s former Superintendent; Nurse Felix; Nurse Alexandra; and Nurse Debbyo. Lewis also sued an unidentified Green Haven nurse referred to as “Nurse ‘H.’” The opinion states that this nurse appears to have treated Lewis by inserting a catheter on at least one date mentioned in the complaint.
The court had previously granted Lewis permission to proceed without prepaying filing fees. That permission allowed him to rely on the court and the United States Marshals Service to serve the defendants.
Court’s orders
For Dr. Bentivegna, Tuohy, Nurse Felix, Nurse Alexandra, and Nurse Debbyo, the court directed the Clerk of Court to issue summonses, complete the required service forms, and provide the necessary documents to the United States Marshals Service for service of the summonses and complaint. The court stated that if service is not completed within 90 days after the summonses are issued, Lewis should request an extension of time. The court also directed Lewis to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so.
For “Nurse ‘H,’” the court directed the Attorney General of the State of New York to provide the nurse’s identity and service address to Lewis and the court within 60 days. Within 30 days after receiving that information, Lewis must file an amended complaint naming the nurse and providing the service address. 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 order directing service.
Disposition and significance
The court entered an order directing service and seeking information needed to identify one defendant. It did not decide the merits of Lewis’s constitutional claims, and it did not state that any claim was dismissed or that any defendant was liable.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.