Freeman v. Captain Bunch

Background

Jagger Freeman, who the opinion says is incarcerated at Green Haven Correctional Facility, brought the action without a lawyer. He asserted claims under 42 U.S.C. § 1983, a federal law allowing claims against state or local officials for certain constitutional violations. The court also said the complaint could be read as asserting state-law claims. In a separate order, the court granted Freeman permission to proceed without prepaying filing fees.

Claims Against the Commissioners

Freeman named the New York City Department of Correction Commissioner in both individual and official capacities. The court treated the individual-capacity claims as claims against Louis Molina, who was commissioner when Freeman’s claims arose in 2022. It treated the official-capacity claims as claims against current Commissioner Lynelle Maginley-Liddie.

For an individual-capacity § 1983 claim, Freeman had to allege facts showing Molina’s direct and personal involvement in the alleged constitutional violation. The court concluded that Freeman’s allegations—that he sent letters and grievances to the commissioner about defendants’ repeated unprofessional behavior—were not enough to show that Molina personally acted improperly or recklessly failed to respond to a known serious risk. The court therefore dismissed Freeman’s § 1983 claims against Molina for failure to state a claim on which relief can be granted, with leave to replead.

Service and Unidentified Defendants

The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department. It requested that Captain Bunch and Commissioner Maginley-Liddie, for the official-capacity claims, waive service of summons.

Because Freeman sued unidentified John or Jane Doe officers, the court directed the New York City Law Department to determine their identities and service addresses. The Doe officers are described as members of the Department of Correction’s Emergency Services Unit who, together with Captain Bunch, transported Freeman to the Supreme Court of the State of New York, Queens County, early on June 30, 2022. The Law Department must also identify the person who was Director of the Emergency Services Unit on that date. It must provide the information to Freeman and the court within 60 days of the order.

After receiving the information, Freeman must file an amended complaint naming the Doe defendants within 30 days. The amended complaint will replace, rather than supplement, the original complaint. The court will screen that amended complaint and may later issue another order concerning service.

Discovery and Disposition

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specified, court-ordered interrogatories and document requests. Defendants must serve responses within 120 days after service of the complaint and must quote each request verbatim in their responses.

The order dismissed Freeman’s § 1983 claims against Louis Molina for failure to state a claim on which relief can be granted, with leave to replead. It also directed the service, defendant-identification, amended-complaint, and standard-discovery procedures described above.