Fernandez v. Doe

Background

Jesus Fernandez, who was incarcerated at Bare Hill Correctional Facility and was proceeding without a lawyer, brought an action seeking damages for alleged violations of his federal constitutional rights. He named an unidentified physician employed at Downstate Correctional Facility as “John or Jane Doe” and also named the Superintendent of that facility. The court construed Fernandez’s amended complaint as asserting claims under 42 U.S.C. § 1983, a federal law that allows claims for certain constitutional violations by state officials. The court had previously allowed Fernandez to proceed without paying the filing fee upfront, although the opinion notes that prisoners remain responsible for the full filing fee under the applicable statute.

Service on the Superintendent

Because Fernandez was allowed to proceed without prepaying fees, the court directed the U.S. Marshals Service to serve the Superintendent. The court extended the time for service until 90 days after a summons is issued for the Superintendent, explaining that Fernandez could not have served the amended complaint before the court reviewed it and ordered a summons. The court stated that, if service is not completed within that period, Fernandez should request an extension of time.

The court instructed the Clerk to issue the summons, complete a U.S. Marshals Service process form with the Superintendent’s service address, and deliver the documents needed to serve the summons and amended complaint. Fernandez must notify the court in writing of any address change, and the court stated that the action may be dismissed if he fails to do so.

Identifying the unnamed physician

The court relied on the rule that a self-represented litigant is entitled to the district court’s assistance in identifying an unnamed defendant. It found that Fernandez had provided enough information for the New York State Department of Corrections and Community Supervision to identify the physician. The opinion describes the unnamed defendant as the female physician who conducted Fernandez’s medical screening and physical examination when he entered Downstate Correctional Facility on a date in January or February 2018.

The court ordered the Attorney General of the State of New York, identified as the attorney and agent for the Department, to determine the physician’s identity and service address and provide that information to Fernandez and the court within 60 days. Within 30 days after receiving the information, Fernandez must file a second amended complaint naming the physician. That complaint will replace, rather than add to, the original and amended complaints. The court will then screen the second amended complaint and, if necessary, issue another service order.

Ruling and disposition

Judge Vincent L. Briccetti ordered the Clerk to mail Fernandez a copy of the order and an information package, issue the summons for the Superintendent, prepare the service paperwork, and send the required documents to the U.S. Marshals Service. The Clerk was also directed to send the order and amended complaint to the New York Attorney General.

The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This was an order about service, identifying a defendant, and related case administration. It did not decide the merits of Fernandez’s constitutional claims.