Christy v. Bastain
- John Cronan
- 1:19-cv-09666
- U.S. District Court · Southern District of New York
- 5
In Christy v. Bastain, Judge Carter ordered service of the complaint and identification of unnamed defendants without deciding the constitutional claims.
Michael Christy, the named defendants, the two unnamed doctors, the New York City Department of Correction, the New York City Law Department, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Christy v. Bastain, Michael Christy brought a constitutional-rights lawsuit without a lawyer under a federal civil-rights statute. The court had already allowed him to proceed without paying filing fees upfront.
The court directed the Clerk and U.S. Marshals Service to serve several named defendants. It also ordered the New York City Law Department to identify two unnamed doctors so Christy could file an amended complaint naming them. The order did not decide whether Christy’s constitutional claims were valid.
Judge Andrew L. Carter, Jr. issued the order on November 19, 2019. The case therefore continued toward service and identification of defendants.
The detailed version
- Christy v. Bastain · No. 1:19-cv-09666
- John Cronan
- Nov. 19, 2019
Background
Michael Christy filed this lawsuit without a lawyer under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights. The court had granted his request to proceed without paying filing fees upfront.
Service of the Complaint
Because Christy was allowed to proceed without prepaying fees, the court directed the U.S. Marshals Service to serve the summons and complaint. The court extended the service deadline to 90 days after the summons was issued. It also instructed the Clerk to prepare service forms for Dr. Tishvani, Dr. Stevens, Dr. Huggins, and PA Glenda Shearn and to provide the necessary papers to the Marshals Service.
The court requested that the Warden of Rikers Island waive service. It also directed Christy to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.
Identifying Unnamed Defendants
The court found that the complaint provided enough information for the New York City Department of Correction to identify two unnamed defendants: an intake doctor who allegedly ignored swelling in Christy’s foot and ordered him into the general population without a wheelchair, and a clinic doctor who allegedly knew about broken screws caused by walking but did not send him to the infirmary.
The court ordered the New York City Law Department to identify those two defendants and provide service addresses to Christy and the court within 60 days. Within 30 days after receiving that information, Christy had to file an amended complaint naming them. The amended complaint would replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, direct service on the newly named defendants.
Disposition
The court entered an order of service. It directed the Clerk to mail the order and complaint to the New York City Law Department and to send Christy an amended-complaint form and information package. The order addressed service and identification of defendants; it did not resolve the merits of Christy’s constitutional claims. Andrew L. Carter, Jr., United States District Judge, signed the order.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.