Lewis v. Dr. Robert Bentivegna

Background

Michael Lewis, who is incarcerated at Green Haven Correctional Facility and is representing himself, filed claims seeking damages and other relief for alleged violations of his federal constitutional rights. The court treated the complaint as asserting claims under 42 U.S.C. § 1983, a law that allows claims against state officials for violating federal rights.

The court had granted Lewis permission to proceed without paying filing fees upfront. Because he was proceeding this way, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants.

The court had previously directed service on the identified defendants and required the New York Attorney General’s Office to identify “Nurse H.” Service on Dr. Robert Bentivegna was returned unexecuted because he no longer worked at Green Haven. Service on “Nurse Alexandra” was also returned unexecuted. The Attorney General reported that RN Krystal Lewis-Heady was the only nurse who treated Lewis whose last name began with H and provided service addresses for Lewis-Heady and Dr. Bentivegna.

Court’s analysis and orders

The court directed the Clerk of Court to complete service forms for Krystal Lewis-Heady and Dr. Bentivegna, issue a summons for Lewis-Heady, and provide the necessary paperwork to the U.S. Marshals Service so it could serve both defendants. The court stated that if service was not completed within 90 days after the summonses were issued, Lewis should request an extension of time.

The court also ordered the Attorney General, acting for the state corrections department, to determine “Nurse Alexandra’s” identity and service address within 60 days. The opinion noted that it was unclear whether “Alexandra” was the nurse’s first or last name and that the name might instead be “Alejandro.” After receiving the information, the court stated that it would issue an order directing service.

Disposition and significance

The order addressed service and identification of defendants. It did not resolve the merits of Lewis’s constitutional claims or state that any defendant was liable. Judge Cathy Seibel also directed the Clerk to mail a copy of the order to Assistant Attorney General Daniel S. Kirschbaum.