Paul v. Capra
- Nelson Roman
- 7:20-cv-05154
- U.S. District Court · Southern District of New York
- 12
In Paul v. Capra, Judge Roman ordered service and help identifying unnamed defendants in Blondine Paul's civil-rights case.
Blondine Paul, the identified defendants Michael Capra, Lieutenant Williams, and Investigator Isaac, and the unnamed John Doe and Jane Doe defendants. The order also directs the Clerk of Court, the U.S. Marshals Service, and the New York Attorney General to take specified service and identification steps.
What happened
Paul v. Capra concerns Blondine Paul's lawsuit under a federal civil-rights law against officials connected with Sing Sing Correctional Facility and the New York State corrections department. She is representing herself and requested money and court-ordered relief.
Judge Roman ordered the court clerk and U.S. Marshals Service to serve Michael Capra, Lieutenant Williams, and Investigator Isaac. He also ordered the New York Attorney General to identify the unnamed John Doe and Jane Doe defendants and provide their service addresses. Paul must then file an amended complaint naming them.
Judge Roman did not decide whether Paul's claims were legally valid. He also denied fee-free status for an appeal and certified that an appeal from this order would not be taken in good faith.
The detailed version
- Paul v. Capra · No. 7:20-cv-05154
- Nelson Roman
- Aug. 17, 2020
Background
Blondine Paul, proceeding without a lawyer, filed an action under 42 U.S.C. § 1983 seeking damages and injunctive relief. Section 1983 is a federal law that allows a person to seek relief for certain violations of federal rights by state officials. Paul named Michael Capra, the superintendent of Sing Sing Correctional Facility; Lieutenant Williams; Investigator “Isaac” of the New York State Department of Corrections and Community Supervision’s Office of Special Investigations; and unidentified “John Doe” and “Jane Doe” defendants.
The opinion states that Paul’s allegations concerned, among other things, Capra’s 2017 decision to indefinitely suspend her visitation privileges concerning her incarcerated brother, and an incident on June 22, 2017, when a female Sing Sing official allegedly confined and searched Paul while she attempted to visit him. The court had previously allowed Paul to proceed without prepaying filing fees.
Service on Identified Defendants
The court directed service on Capra, Williams, and Isaac. Because Paul was allowed to proceed without prepaying fees, the court held that she could rely on the court and the U.S. Marshals Service to serve the defendants. The clerk was ordered to issue summonses, complete the required U.S. Marshals Service forms with service addresses, and provide the Marshals Service with the documents needed for service.
The court extended the time to serve these defendants until 90 days after summonses are issued. It stated that Paul should request an extension if service is not completed within that period. The court also required Paul to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.
Identifying Unnamed Defendants
The court found that Paul had provided enough information for the New York State Department of Corrections and Community Supervision to identify the unnamed defendants. The “John Doe” defendant was described as the department official who affirmed Capra’s decision on administrative appeal. The “Jane Doe” defendant was described as a female department official assigned to Sing Sing on June 22, 2017, who allegedly confined and searched Paul.
The court ordered the New York Attorney General, as the attorney and agent for the department, to determine the identities and service addresses of the unnamed defendants within 60 days. Within 30 days after receiving that information, Paul must file an amended complaint naming them. 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 service on the newly identified defendants.
Disposition
Judge Nelson S. Roman entered an order of service. The order directed service on three identified defendants, required assistance in identifying two unnamed defendants, and set procedures for filing an amended complaint. It did not decide the merits of Paul’s claims. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.