Garrett v. Doe

Background

Tyise Garrett, who is representing himself, filed an action under 42 U.S.C. § 1983. Garrett alleges that conditions of confinement at West Facility on Rikers Island violate federal constitutional rights. The opinion identifies sanitation, plumbing, and mail service as among the conditions at issue.

The complaint did not include a caption identifying an opposing party. The Clerk of Court therefore captioned the case without a formally designated adverse party. The court considered Federal Rule of Civil Procedure 21, which allows a court to add or remove a party at any time on appropriate terms. The opinion explains that courts may use the rule to add a defendant who is discussed in the body of a complaint as involved in the alleged events.

Court’s reasoning

The court stated that West Facility is operated by the New York City Department of Correction. In light of that fact, Garrett’s self-represented status, and what the court described as Garrett’s clear intention to assert claims against the City of New York, the court construed the complaint as asserting claims against the city.

Order

The court directed the Clerk of Court to add the City of New York as a defendant under Rule 21 and to electronically notify the New York City Department of Correction and the New York City Law Department. The court requested that the City of New York waive service of summons. The amendment is without prejudice to any defenses the city may assert. The Clerk was also directed to mail Garrett a copy of the order and an information package.