Swinson v. City of New York

Background

Randy Swinson, described as proceeding without a lawyer, brought an action against the City of New York; MDC Deputy Warden Bailey; Correction Officer Williams; MDC Deputy Security Warden “Jane Doe”; MDC Supervisor of Social Services “Jane Doe”; and MDC Warden “Swaruez.” He alleged violations of federal constitutional rights and sought damages. The court construed the complaint as asserting claims under 42 U.S.C. § 1983 and state law. The court had previously granted Swinson permission to proceed without prepaying filing fees.

Identifying the Jane Doe defendants

The court applied the rule that a self-represented litigant is entitled to the court’s assistance in identifying an unnamed defendant and that person’s service address. It found that the amended complaint supplied enough information for the New York City Department of Correction to identify the two unnamed defendants by their positions: the MDC Deputy Security Warden and the MDC Supervisor of Social Services.

The court ordered the Corporation Counsel of the City of New York, described in the opinion as the Department of Correction’s attorney and agent, to determine the identities and service addresses of the two Jane Doe defendants. The Corporation Counsel must provide that information to Swinson and the court within 60 days of the order. The opinion also states that, depending on whether either person is a current or former Department of Correction employee or official, the response should address electronic service-waiver procedures or provide a residential service address.

Amended complaint and service

Within 30 days after receiving the identifying information, Swinson must file a second amended complaint naming the newly identified defendants. That complaint will replace, rather than supplement, the original and amended complaints. After it is filed, the court will screen it and, if necessary, request that the newly identified defendants waive service or direct service on them.

The court requested that the City of New York, Deputy Warden Bailey, Correction Officer Williams, and Warden “Swaruez” waive service of the summons. The Clerk was directed to mail Swinson the order and an information package, notify the Department of Correction and the City Law Department, and send the order and amended complaint to the Corporation Counsel.

Disposition

This was an order managing identification and service in the case, not a decision on the merits of Swinson’s constitutional or state-law claims. Judge Ronnie Abrams 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. The order did not state that the action or any claim was dismissed.