Williams, Jr. v. City of New York

Background

Alexander Williams, Jr., who was detained at the George R. Vierno Center on Rikers Island, brought this action without a lawyer under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights. The court had previously granted permission to proceed without prepaying the filing fee. This order addressed service of the complaint and identification of unnamed defendants; it did not decide whether Williams’s constitutional claims were valid.

Service of process

Because Williams was allowed to proceed without prepaying fees, the court ordered that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline until 90 days after summonses are issued. It explained that, if service is not completed within that period, Williams should request more time.

The court directed the Clerk of Court to prepare service forms, issue summonses, and provide the necessary documents to the U.S. Marshals Service for service on New York City Health + Hospitals and Larry Blackmore, a physician assistant associated with Physician Affiliate Group of New York. The court also requested that the City of New York and the numerous Department of Correction and George R. Vierno Center defendants listed in Section B waive service of summons. The Clerk was directed to notify the New York City Department of Correction and the New York City Law Department and to mail the order and complaint to the specified entities.

Unnamed defendants

The court applied the rule that a self-represented litigant is entitled to help identifying a defendant when the complaint provides enough information. It ordered the Law Department, New York City Health + Hospitals, or Physician Affiliate Group of New York to identify an unnamed emergency-services officer, identified as Defendant #41, and provide a service address. It separately ordered New York City Health + Hospitals or Physician Affiliate Group of New York to identify Mrs. V., a mental-health clinician identified as Defendant #49, and Dr. K., a mental-health doctor identified as Defendant #50, and provide service addresses.

The responsible entity or entities must provide the information to Williams and the court within 60 days of the order. Within 30 days after receiving the information, Williams must file an amended complaint naming the unnamed defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and then, if necessary, direct service on the newly named defendants or request that they waive service.

Disposition

Judge John P. Cronan entered an order directing the Clerk, the U.S. Marshals Service, and the relevant agencies to take these service and identification steps. The order did not grant or deny a merits motion and did not resolve the alleged constitutional violations. The Clerk was also directed to mail Williams a copy of the order and an information package.