Jenkins v. Malin

Background Theodore Jenkins, who was incarcerated at Sing Sing Correctional Facility and represented himself, brought claims under 42 U.S.C. § 1983 and state law against L. Malin, identified as Sing Sing’s Deputy Superintendent of Administration; Omar Shelton, identified as a Sing Sing Food Administrator; and Cruz, identified as a Sing Sing civilian cook. In an earlier order, the court allowed Jenkins to proceed without paying filing fees upfront.

Ruling on Service and Malin The court ordered service on Shelton and Cruz. It did not order service on Malin at that time because the complaint alleged no facts concerning her. The court also stated that a supervisor cannot be held liable under § 1983 solely because other people whom the supervisor oversees allegedly committed a constitutional violation. The court did not dismiss the claims against Malin; instead, it said it would later consider whether Jenkins had facts that could be included in an amended complaint to state a claim against her.

Service Instructions Because Jenkins was allowed to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve Shelton and Cruz. The clerk was instructed to issue summonses, complete the required service forms with the defendants’ service addresses, and provide the necessary documents to the Marshals Service. The court extended the time to serve Shelton and Cruz until 90 days after their summonses were issued. The court also directed Jenkins to notify it of any address change and warned that the action could be dismissed if he failed to do so.