Turner v. Cimorelli
- Philip Halpern
- 7:20-cv-00643
- U.S. District Court · Southern District of New York
- 5
In Turner v. Cimorelli, Judge Halpern made the amended complaint operative, ordered service on three defendants, and declined to identify 50 unnamed staff members.
Allahjustice Turner, the three named medical defendants, the unnamed medical staff defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Turner v. Cimorelli, Allahjustice Turner, representing himself, brought a civil-rights case claiming that certain defendants used excessive force. After the court allowed him to file an amended complaint, it directed him to clarify whether that complaint added or dropped claims. He did not respond.
The court therefore treated the amended complaint as the operative complaint, replacing the original complaint. It directed the court clerk and U.S. Marshals Service to serve RN S Rawls, RN T. Washington, and Medical Director Salwa Khouri. It declined at that stage to require Orange County to identify Medical Staff Jane and John Doe 1-50 because the complaint did not describe what they allegedly did or provide enough information about when or where the events occurred. Turner could seek permission to replead those claims.
Judge Philip M. Halpern also extended the service deadline until 90 days after summonses are issued, warned Turner to report any address change, and denied permission to appeal without paying fees because the appeal would not be taken in good faith.
The detailed version
- Turner v. Cimorelli · No. 7:20-cv-00643
- Philip Halpern
- Nov. 13, 2020
Background
Allahjustice Turner filed this action without a lawyer under 42 U.S.C. § 1983, alleging that certain defendants used excessive force against him. The court had allowed him to proceed without paying filing fees. Judge Nelson S. Román previously directed Turner to amend his complaint, including to replead claims against unnamed medical staff. After Turner filed an amended complaint, the court directed him to clarify whether he intended to add claims or drop claims from the original complaint. The court warned that, if he did not respond, the amended complaint would replace the original complaint. Turner did not respond.
The amended complaint named Medical Staff Jane and John Doe 1-50, RN S Rawls, RN T. Washington, and Medical Director Salwa Khouri as defendants.
Service on Named Defendants
Because Turner was allowed to proceed without paying filing fees, the court determined that he could rely on the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summons is issued. It stated that, if service is not completed within that period, Turner should request an extension.
The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for RN S Rawls, RN T. Washington, and Medical Director Salwa Khouri. It also directed the Clerk to issue summonses and provide the Marshals Service with the documents needed to serve those defendants. Turner was required to notify the court in writing if his address changed, and the court stated that the action could be dismissed if he failed to do so.
Unnamed Medical Staff
The court explained that a person representing himself is generally entitled to help from the court in identifying an unnamed defendant. But it found that Turner had not provided enough information for Orange County to identify Medical Staff Jane and John Doe 1-50. The amended complaint did not describe what those individuals allegedly did or failed to do, and it did not provide the date and location of the incident. The court therefore declined at that stage to direct Orange County to identify them.
The court stated that the order did not prevent Turner from seeking permission under Rule 15 of the Federal Rules of Civil Procedure to replead his claims against the unnamed staff in a later amended complaint.
Disposition
The court deemed the amended complaint the operative complaint, superseding the original complaint. It directed the Clerk and the U.S. Marshals Service to serve Rawls, Washington, and Khouri, and declined at that stage to direct identification of the unnamed medical staff. The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The opinion did not decide whether Turner’s excessive-force allegations were legally or factually valid.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.