McCollough v. Fields

Background

Michael McCollough, who was incarcerated at Fishkill Correctional Facility and represented himself, brought an action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local officials. He sought damages, injunctive relief, and declaratory relief against Leroy Fields, S. Urbanski, Correction Officer Garland, Sergeant Gregory, Sergeant Carbone, Sally Reams, Anne Marie McGrath, and three unidentified “John Doe” Fishkill officials.

The court had previously granted McCollough permission to proceed without prepaying the filing fee. The court construed a September 30, 2020 submission labeled an “amended complaint” as a supplement to the original complaint and granted his request to add Reams and McGrath as defendants.

Service on identified defendants

Because McCollough was allowed to proceed without prepaying fees, the court directed service through the U.S. Marshals Service. It extended the time to serve Fields, Urbanski, Garland, Gregory, Carbone, Reams, and McGrath until 90 days after summonses are issued. The court instructed the Clerk to issue the summonses, complete the required service forms, and send the necessary documents to the Marshals Service.

Discovery

The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. The court ordered Fields, Urbanski, Garland, Gregory, Carbone, Reams, and McGrath to serve responses within 120 days of the order and to quote each request verbatim in their responses.

Unidentified defendants

The court found that McCollough had supplied enough information for the New York State Department of Corrections and Community Supervision to identify the three “John Doe” defendants. The court described them as Fishkill officials whom McCollough alleges participated in a cover-up involving a May 21, 2020 order to conduct a facility-wide inspection, recover and destroy dangerous instruments, and replace them with plastic yellow wet-floor signs.

The court ordered the New York Attorney General to identify those defendants, including badge numbers if appropriate, and provide their service addresses within 60 days. Within 30 days after receiving that information, McCollough must file an amended complaint naming the newly identified defendants. The amended complaint will replace the original complaint and its supplement. The court stated that it would screen the amended complaint and, if necessary, issue further service and discovery directions.

Disposition

The court directed the Clerk to mail the order and related materials to McCollough and the New York Attorney General, and to carry out the service-related instructions. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for that appeal. This order addressed service, discovery, and identification of defendants; it did not decide the merits of McCollough’s civil-rights claims.