Pogue v. Cruz

Background

Elijah Pogue, who is incarcerated at Lakeview Shock Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state actors. He alleges that, while incarcerated at Fishkill Correctional Facility, Sergeant Cruz, Officer Harrison, and Officer Loughran forced him to fight another incarcerated person. He also alleges that Technician Mitchell Chess, Nurse S. Campbell, and five unnamed nurses denied him necessary medical attention for a fractured bone sustained during the fight.

The court had previously granted Pogue permission to proceed without paying filing fees in advance. That permission allows him to rely on the court and the U.S. Marshals Service to serve the defendants.

Service on the Named Defendants

The court instructed the Clerk of Court to prepare the required service forms, issue summonses, and provide the necessary papers to the U.S. Marshals Service for service on Cruz, Harrison, Loughran, Campbell, and Chess. If the complaint is not served within 90 days after the summonses are issued, Pogue should request more time for service. The order also requires Pogue to notify the court in writing if his address changes and states that the action may be dismissed if he does not do so.

Identifying the Unnamed Defendants

The court found that Pogue had provided enough information for the New York State Department of Corrections and Community Supervision to identify Jane Doe Nurse #1-#3 and John Doe Nurse #1-#2. It ordered the New York State Attorney General, identified in the order as the agency’s attorney and agent, to determine the nurses’ identities and service addresses and provide that information to Pogue and the court within 60 days.

Within 30 days after receiving that information, Pogue must file an amended complaint naming the newly identified nurses and describing how each allegedly violated his rights. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, later direct service on the newly identified defendants.

Discovery Rule

The court ruled that Local Civil Rule 33.2 applies because of the nature of Pogue’s claims. The rule requires the defendants to respond to specified prisoner-case discovery requests within 120 days after service of the complaint and to quote each request verbatim in their responses.

Disposition

The order directs service on the named defendants, orders identification of the five unnamed nurse defendants, and applies Local Civil Rule 33.2. It does not decide the merits of Pogue’s claims or determine whether any defendant violated his rights. Judge Kenneth M. Karas signed the order on September 24, 2025.