Gomez-Kadawid v. Lee

Background

Yahkima Gomez-Kadawid brought an action under 42 U.S.C. § 1983 alleging improper medical treatment by medical staff at Bellevue Hospital. The opinion states that she was proceeding without a lawyer and without paying filing fees. The court had previously directed the Clerk to prepare service paperwork, issue summonses, and deliver the necessary materials to the U.S. Marshals Service.

The Marshals Service successfully served Drs. Alsaban and Leantt. It could not serve Dr. Lee, whom the complaint identified as a “dentist/doctor” at Bellevue Hospital. The Marshals Service reported that it attempted service at Bellevue on July 7, 2020, but was told that Dr. Lee was no longer employed there.

Court’s Action

Relying on Valentin v. Dinkins, the court explained that a person representing herself is entitled to the district court’s assistance in identifying a defendant. Judge Debra Freeman ordered the New York City Law Department, described in the order as the attorney and agent for the City of New York, to determine Dr. Lee’s last-known address. The Law Department was ordered to provide that information to Gomez-Kadawid and the court within 60 days so that the Marshals Service could attempt service.

The Clerk of Court was directed to send the order and complaint to the Law Department and to mail a copy of the order to Gomez-Kadawid at the address listed on the docket. The order addressed identification and service of Dr. Lee and did not resolve the claims about medical treatment.