Gunn v. "Bill"

Background

Darrell Gunn, who was incarcerated at Sing Sing Correctional Facility and represented himself, brought an action under 42 U.S.C. § 1983 alleging that the defendants violated his federal constitutional rights. The court had previously allowed him to proceed without paying the filing fee at the outset, although prisoners remain responsible for the full filing fee under the applicable statute.

The court had previously directed service on eight defendants. Those defendants had not yet been served, but the court had extended the time for the U.S. Marshals Service to serve them until January 5, 2021. The New York Attorney General’s Office identified two previously unnamed defendants as Sergeant Stephan Pietre and Officer Kendre Lyons. Gunn then filed an amended complaint naming Pietre, Lyons, and the New York State Department of Corrections and Community Supervision (NYSDOCCS).

Service and discovery

Because Gunn was allowed to proceed without prepaying the filing fee, the court said he could rely on the court and the U.S. Marshals Service to complete service. The court extended the service period to 90 days after the summonses are issued. It directed the Clerk of Court to prepare the required service forms, issue summonses, and provide the necessary documents to the Marshals Service for service on Pietre and Lyons. The court also stated that Gunn must notify the court in writing if his address changes.

The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must serve responses to specified standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

Claims against NYSDOCCS

The court explained that it must dismiss an action brought without prepaying the filing fee if it is frivolous, malicious, fails to state a claim, or seeks money from an immune defendant. The court held that NYSDOCCS is an arm of the State of New York and therefore has immunity under the Eleventh Amendment. It further stated that New York had not waived that immunity and Congress had not removed it through § 1983. The court dismissed Gunn’s claims against NYSDOCCS.

Disposition

Judge Philip M. Halpern directed the Clerk to arrange service on Pietre and Lyons, add Lyons to the electronic docket, and remove NYSDOCCS from the docket. The court directed the defendants to comply with Local Civil Rule 33.2. It also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal from this order.