Massey v. Sapp

Background

Tyrone Massey, who was proceeding without a lawyer, asserted that the defendants violated his federal constitutional rights. He sued Correction Captain Sapp and two unidentified correction officers, called “John Doe” defendants, who had been assigned to the George R. Vierno Center on Rikers Island while Massey was held there. The opinion states that Massey was later being held at the North Infirmary Command on Rikers Island.

The complaint identified the two unnamed officers as correction officers assigned to watch Massey during the 11 a.m. to 7 p.m. shift on December 7, 2019, while he was on suicide watch in “13B 48 cell.” The opinion states that one officer’s surname might begin with “M” and the other’s might begin with “T.” The court had previously allowed Massey to proceed without prepaying filing fees.

Identification and Service of Defendants

Under Valentin v. Dinkins, a person proceeding without a lawyer is entitled to the district court’s assistance in identifying an unnamed defendant and obtaining that defendant’s service address. The court found that Massey had provided enough information for the New York City Department of Correction to identify the two John Doe defendants.

The court directed the Corporation Counsel of the City of New York, identified in the opinion as the attorney for and agent of the Department of Correction, to determine the officers’ identities, badge numbers, and service addresses. The Corporation Counsel had to provide that information to Massey and the court within 60 days of the order. The court also requested that Captain Sapp accept service of summons.

Within 30 days after receiving the identifying information, Massey must file an amended complaint naming the newly identified defendants and listing their badge numbers and service addresses. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and may later request that the newly identified defendants accept service.

Other Directions and Disposition

The Clerk of Court was directed to mail the order and an information package to Massey, notify the New York City Department of Correction and New York City Law Department, and send the order and complaint to the Corporation Counsel. Massey was also required to notify the court of any address change, and the court stated that the action could be dismissed if he failed to do so.

This was an order concerning service and identification of defendants, not a decision on the merits of Massey’s constitutional claims. Judge George B. Daniels certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.