Jenkins v. Officer S

Background

Darell Nautigue Jenkins, who is incarcerated at Mid-State Correctional Facility and is representing himself, brought an action under 42 U.S.C. § 1983. He alleges that a correction officer colluded with an inmate to assault him while he was at Downstate Correctional Facility. The court had previously allowed Jenkins to proceed without paying the filing fee upfront, although the opinion notes that prisoners remain responsible for paying the full filing fee under the applicable statute.

Service on Correction Officer Stokeoke

Because Jenkins was allowed to proceed without paying the fee upfront, the court stated that he could rely on the court and the U.S. Marshals Service to serve the summons and amended complaint. The court extended the service deadline to 90 days after the summons is issued. It stated that Jenkins should request an extension if service is not completed within that period.

The Clerk of Court was directed to complete a U.S. Marshals Service process form for Correction Officer Stokeoke, issue a summons, and provide the Marshals Service with the papers needed for service. Jenkins was also directed to notify the court in writing if his address changes, and the court stated that the action could be dismissed if he fails to do so.

Identifying the John Doe inmate

The court found that Jenkins’s amended complaint provided enough information for the New York State Attorney General’s Office to identify the John Doe inmate who allegedly assaulted him on January 17, 2018, at Downstate Correctional Facility. The Attorney General’s Office was ordered to determine the inmate’s identity and service address and provide that information to Jenkins and the court within 60 days.

Within 30 days after receiving the information, Jenkins must file a second amended complaint naming the inmate. That complaint will replace, rather than supplement, the existing amended complaint. The court stated that it would screen the second amended complaint and, if necessary, direct the Clerk and Marshals Service to serve the newly named defendant.

Discovery

The court held that Local Civil Rule 33.2 applies. Under that rule, the correction officer must respond to the specified prisoner-case discovery requests within 120 days after service of the amended complaint. The responses must quote each request word for word.

Disposition

The court entered an order directing service, identification of the John Doe defendant, and discovery procedures. It did not decide the merits of Jenkins’s allegations that the correction officer and inmate were responsible for an assault.