Amaker v. Gerbing

Background

Anthony D. Amaker filed this action while he was incarcerated at Bare Hill Correctional Facility and in the custody of the New York State Department of Corrections and Community Supervision. The opinion states that he was later released. After an earlier order found that his complaint failed to state a claim for relief, the court allowed him to amend. Amaker filed an amended complaint on January 13, 2020.

Claim Against Lieutenant John Doe

The amended complaint listed “Lieutenant John Doe” as a defendant, but the body of the complaint did not allege any facts describing what Lieutenant John Doe did or failed to do that violated Amaker’s rights. Applying the prisoner-complaint screening statute, 28 U.S.C. § 1915A(b)(1), the court found that Amaker failed to state a claim against Lieutenant John Doe.

Ruling

The court granted Amaker leave to file a second amended complaint within 30 days. The new complaint must identify Lieutenant John Doe in the caption and allege facts showing his personal involvement. It must replace, rather than supplement, the amended complaint, so any other facts or claims Amaker wishes to maintain must also be included. The court stated that no summons would issue at that time and that it would screen any second amended complaint under § 1915A.

If Amaker does not file a second amended complaint within 30 days—or tells the court that he does not wish to file one—the amended complaint will remain the operative complaint, and the court will dismiss the claims against Lieutenant John Doe for failure to state a claim. The opinion also warns that identifying a “John Doe” defendant does not stop the three-year limitations period for claims under 42 U.S.C. § 1983 and notes that the events occurred in or about 2016. The order does not state a disposition for the claims against the other named defendants.