McAvoy v. Franco

Background

Matthew Joseph McAvoy, who was incarcerated at Auburn Correctional Facility when he filed the action, brought this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that Correction Officer Franco, a John Doe correction officer, and the New York State Department of Corrections and Community Supervision violated his federal constitutional rights while he was incarcerated at Sing Sing Correctional Facility. The opinion does not describe the underlying alleged violations beyond stating that the John Doe officer escorted McAvoy to his cell on December 20, 2018.

The court had previously allowed McAvoy to proceed without prepaying the filing fee. Because he was a prisoner proceeding without prepayment, the court screened the complaint under the Prison Litigation Reform Act to determine whether it was frivolous, malicious, failed to state a claim, or sought money from an immune defendant.

Claims Against the Department of Corrections

The court held that McAvoy’s § 1983 claims against the New York State Department of Corrections and Community Supervision were barred by Eleventh Amendment immunity. The court explained that state agencies generally cannot be sued in federal court unless the state waives its immunity or Congress removes it. The court concluded that New York had not waived its immunity and that Congress had not removed it through § 1983.

The conclusion therefore states: “The Court dismisses Plaintiff’s claims against the New York State Department of Corrections and Community Supervision.” The opinion does not add a “with prejudice” or “without prejudice” designation.

Service on Correction Officer Franco

Because McAvoy was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare the U.S. Marshals Service process form for Correction Officer Franco, issue a summons, and provide the Marshals Service with the documents needed to serve Franco. The court extended the service deadline to 90 days after the summons is issued. It also stated that McAvoy must request an extension if service is not completed within that period and must notify the court in writing of any address change.

Identifying the John Doe Defendant

The court found that McAvoy had provided enough information for the New York State Attorney General to identify the John Doe correction officer who escorted him to his cell at Sing Sing on December 20, 2018. The court ordered the Attorney General to provide the officer’s identity, badge number, and service address to McAvoy and the court within 60 days of the order.

McAvoy must file an amended complaint naming the John Doe officer within 30 days after receiving that information. 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 named defendant.

Discovery and Appeal

The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond to the specified prisoner-case discovery requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Disposition

The court dismissed McAvoy’s claims against the New York State Department of Corrections and Community Supervision, directed service of the complaint on Correction Officer Franco, required identification of the John Doe defendant, and applied Local Civil Rule 33.2 to the action.