Johnson v. Doe

Background

Larry Johnson, representing himself, is detained at West Facility on Rikers Island. He brought a case under 42 U.S.C. § 1983, a statute that allows claims for violations of federal constitutional rights by state or local actors. Johnson alleged that conditions of confinement at West Facility, including sanitation, plumbing, and mail-service conditions, violate his federal constitutional rights.

The complaint did not include a caption naming an opposing party. The Clerk of Court therefore captioned the case without a formally designated defendant. The court noted that it had previously allowed Johnson to proceed without prepaying filing fees.

Adding the City as a Defendant

Federal Rule of Civil Procedure 21 allows a court, on a party’s motion or on its own, to add or remove a party when doing so is appropriate. The court explained that this rule gives courts discretion to organize a case in the interests of efficiency and justice, including adding a defendant who is mentioned in the body of a complaint as involved in the alleged events.

Because West Facility is operated by the New York City Department of Correction, and because Johnson was representing himself and had clearly intended to assert claims against the City of New York, the court construed the complaint as asserting claims against the City of New York.

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 waive service of the summons and directed the Clerk to mail Johnson a copy of the order and an information package.

The court stated that adding the City was without prejudice to any defenses the City may assert. This order addressed the proper defendant and case administration; it did not decide whether Johnson’s constitutional claims have merit. Judge Analisa Torres signed the order.