Pulliam v. County of Westchester

Background

Dwayne Pulliam, who the opinion says was incarcerated in the Westchester County Jail, filed this action asserting violations of his federal constitutional rights and seeking damages. The court construed the complaint as bringing claims under 42 U.S.C. § 1983, a federal statute that permits claims for certain constitutional-rights violations by state or local actors. Pulliam initially had counsel but was proceeding without a lawyer when this order was issued. He sued unidentified “John Doe” and “Jane Doe” members of the Westchester County Jail staff.

Identification of Unnamed Defendants

The court applied the rule that a person proceeding without a lawyer is entitled to help identifying an unnamed defendant when the complaint contains enough information to do so. It found that Pulliam’s complaint supplied sufficient information for the Westchester County Law Department to identify the unnamed defendants. The court therefore ordered the Law Department, described as the attorney for and agent of the Westchester County Jail, to determine the defendants’ identities, service addresses, and, if appropriate, badge numbers. The Law Department must provide that information to Pulliam and the court within 60 days of the order.

Required Amended Complaint and Disposition

Within 30 days after receiving the identification information, Pulliam must file a second amended complaint naming the newly identified individuals and providing their service addresses and, if appropriate, badge numbers. The second amended complaint will replace, rather than supplement, the existing amended complaint. After Pulliam files it, the court will screen the pleading and may issue a later order directing service on the newly identified defendants. Judge Nelson S. Roman also directed the Clerk of Court to mail the order and an information package to Pulliam and to mail the order and complaint to the Westchester County Law Department. The order does not decide whether Pulliam’s constitutional claims have merit.