Chin v. Squire

Background

Wayne Chin, who was incarcerated at Sing Sing Correctional Facility when the order was issued, brought this action under 42 U.S.C. § 1983. He alleged that the defendants violated his rights while he was incarcerated at Green Haven Correctional Facility. The defendants named in the caption are Correction Officers P.T. Squire, P. Langdon, K.W. Krasnow, J.Y. Benford, and A. Escalera; Sergeant John Doe; Sergeant Eckerson; and Nurse Jane Doe. The opinion does not provide the underlying factual allegations or identify the specific constitutional claims.

The court had previously granted Chin permission to proceed without prepaying filing fees. Under the Prison Litigation Reform Act, the court explained that it must screen a prisoner’s complaint and dismiss claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s jurisdiction. The order, however, primarily addressed service and related case-management matters.

Service on Named Defendants

Because Chin was proceeding without prepaying fees, he was entitled to have the court and the U.S. Marshals Service handle service. The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed. It stated that Chin should request an extension if service is not completed within that period.

The Clerk of Court was directed to complete the required service forms, issue summonses, and provide the necessary papers to the U.S. Marshals Service for service on P.T. Squire, P. Langdon, K.W. Krasnow, J.Y. Benford, A. Escalera, and Sergeant Eckerson. Chin was also required to notify the court in writing of any address change, and the court stated that failure to do so could result in dismissal.

Identifying and Serving the Doe Defendants

The court found that Chin had supplied enough information to allow the New York State Department of Corrections and Community Supervision to identify Nurse Jane Doe, who was allegedly on duty at Green Haven on May 9, 2017, at approximately 4:45 p.m. or later. The court also stated that Chin might have supplied enough information to identify Sergeant John Doe, who was allegedly on duty on Chin’s cell block at Green Haven that day.

The New York State Attorney General, identified in the order as counsel for and agent of the Department of Corrections and Community Supervision, was ordered to determine the identities and service addresses of both Doe defendants and provide that information to Chin and the court within 60 days. Within 30 days after receiving the information, Chin must file an amended complaint naming the Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, direct the Clerk to prepare service materials for the newly identified defendants.

Discovery

The court ruled that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and document requests. Defendants must serve responses within 120 days of the order and must quote each discovery request verbatim in their responses.

Disposition

The court directed the Clerk to mail Chin a copy of the order and an information package, and to send the order and complaint to the New York State Attorney General. The court also directed the Clerk to complete and deliver the service materials for the six named defendants and confirmed that Local Civil Rule 33.2 applies.

Judge Philip M. Halpern certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. The order did not decide the ultimate merits of Chin’s underlying civil-rights allegations.