Vasquez v. Doe

Background

Kim Vasquez, who was being held at the Rockland County Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. The complaint alleges excessive force and inadequate medical care by unnamed Orangetown police officers. Vasquez sought an injunction requiring that medical needs be addressed, that a metal Taser be removed from his body, and that an infection be treated.

The court had granted Vasquez permission to proceed without paying the filing fee upfront. The order explains that Vasquez was subject to the Prison Litigation Reform Act’s three-strikes restriction but qualified for the exception because the complaint alleged an imminent danger of serious physical harm when filed.

Adding Sheriff Louis Falco III

Under Federal Rule of Civil Procedure 21, a court may add or remove a party on fair terms. The court concluded that the unnamed Orangetown police officers could not provide the requested injunctive relief because Vasquez was in the custody of the Rockland County Correctional Facility, which the order says is overseen by the Rockland County Sheriff’s Department.

The court therefore treated the complaint as asserting claims against Rockland County Sheriff Louis Falco III and directed the Clerk of Court to add him to the case. The amendment was without prejudice to any defenses Falco might assert.

Service

Because Vasquez was allowed to proceed without paying the filing fee upfront, the court directed the U.S. Marshals Service to serve Falco. The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed. It instructed the Clerk of Court to prepare the required service form, issue a summons, and give the necessary papers to the Marshals Service.

The order also required Vasquez to notify the court in writing of any address change and warned that the case could be dismissed if Vasquez failed to do so.

Unnamed Officers and Amendment

The court explained that a person proceeding without a lawyer is entitled to help from the district court in identifying an unnamed defendant. Vasquez stated in a September 29, 2020 letter that the identities of the Orangetown officers were now known and requested permission to name them.

The court granted Vasquez 30 days to file an amended complaint naming the John Doe defendants. The amended complaint would replace, rather than supplement, the original complaint. After it was filed, the court would screen it and, if needed, direct the Clerk to prepare service forms and provide the papers to the Marshals Service.

Disposition

The court directed the Clerk to add Rockland County Sheriff Louis Falco III as a defendant, prepare service materials, and provide them to the U.S. Marshals Service. The court also granted Vasquez 30 days’ leave to file an amended complaint naming the John Doe officers. The order addressed party identification and service; it did not rule on the merits of the excessive-force or inadequate-medical-care allegations.