Liverpool v. The City of New York

Background

Anton Liverpool filed this action without a lawyer under the court’s diversity jurisdiction, 28 U.S.C. § 1332. He alleged that, while he was a pretrial detainee at the Anna M. Kross Center on Rikers Island in 2018, he was injured during a bus transfer to the Manhattan Detention Complex. The defendants named in the caption were Correction Officer Supris, the City of New York, and unidentified defendants described as correction officers, wardens, deputy wardens, transportation supervisors, and intake-area supervisors.

The court noted that it had previously allowed Liverpool to proceed without prepaying the filing fee. It also noted that prisoners must still pay the full filing fee over time even when allowed to proceed without prepayment.

Identification of Unnamed Defendants

The court concluded that Liverpool had provided enough information for the New York City Law Department to identify John Doe #1, who allegedly assisted Officer Supris with the March 23, 2018 bus transfer from the Anna M. Kross Center to the Manhattan Detention Complex. The court also found that Liverpool had provided enough information to identify John Does #2 through #9, described as wardens, deputy wardens, transportation directors or supervisors, and intake-area supervisors at those facilities.

The court ordered the New York City Law Department, identified as the City of New York’s attorney and agent, to determine the identities of the John Doe defendants and the addresses where they could be served. The Law Department must provide that information to Liverpool and the court within 60 days of the order. If a Doe defendant is a current or former New York City Department of Correction employee or official, the Law Department was directed to note whether electronic service-waiver procedures could be used.

After receiving the identification information, Liverpool must file a second amended complaint naming the Doe defendants within 30 days. The second amended complaint will replace, rather than supplement, the existing amended complaint. The court stated that it will screen the new complaint and may later ask defendants to waive service.

Service and Disposition

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department about the order. It requested that the City of New York and Officer Supris waive service of the summons, but the text describes this as a request rather than an order compelling them to do so. The Clerk was also directed to mail Liverpool the order and an information package, and to mail the order and complaint to the New York City Law Department.

This was an order concerning identification of defendants, amendment of the complaint, and service. It did not decide the merits of Liverpool’s alleged injury claims. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. Judge Andrew L. Carter, Jr. signed the order.