Johnson v. Department of Corrections

Background

Chad S. Johnson brought this action under 42 U.S.C. § 1983, a federal law allowing claims for certain violations of constitutional rights by state officials. The opinion states that Johnson was incarcerated at Great Meadow Correctional Facility and was proceeding without a lawyer. The court had granted permission to proceed without prepaying the filing fee.

The defendants named in the caption were the Department of Corrections; Downstate Correctional Facility; the Warden of Downstate Correctional Facility; the Deputy of Security; Sergeant S. Petrie; Lieutenant Kailvetti; Officer D. Allen; John Doe 1; John Doe 2; and John Does 3–6. The opinion describes John Doe 1 as an officer involved in the discovery of contraband in Johnson’s cell at Downstate in September 2018. It describes John Does 2–4 as officers who packed Johnson’s belongings when he was transferred from Downstate in January 2021.

Screening and Claims Against State Entities

Because Johnson was a prisoner proceeding without prepaying the filing fee, the court screened the complaint under the Prison Litigation Reform Act. The court explained that it must dismiss claims that are frivolous, malicious, inadequately pleaded, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

The court held that the Department of Corrections, identified in the opinion as the New York State Department of Corrections and Community Supervision, is an arm of New York State protected by the Eleventh Amendment. The court also held that Downstate Correctional Facility is a state facility that cannot be sued in its own name and is not a “person” for purposes of § 1983. The court dismissed Johnson’s claims against the Department of Corrections and Downstate Correctional Facility and directed the Clerk to terminate those defendants.

Service on Named Defendants

The court held that, because Johnson was allowed to proceed without prepaying the filing fee, he could rely on the court and the U.S. Marshals Service to serve the complaint. The court directed the Clerk to prepare service forms, issue summonses, and deliver the necessary papers to the Marshals Service for Officer D. Allen, Sergeant S. Petrie, Lieutenant Kailvetti, the Warden of Downstate Correctional Facility, and the Deputy of Security.

The court extended the deadline for service until 90 days after the summons is issued. It stated that Johnson should request more time if service is not completed within that period. The court also required Johnson to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

John Doe Defendants

Relying on the rule that a self-represented litigant may receive court assistance in identifying an unknown defendant, the court directed the New York State Attorney General to determine the identities, badge numbers, and service addresses of the John Doe defendants whom Johnson sought to sue. The Attorney General was ordered to provide that information to Johnson and the court within 60 days of the order.

Johnson was ordered to file an amended complaint naming the John Doe defendants within 30 days after receiving the information. The court stated that the amended complaint would replace, rather than supplement, the original complaint. The court would screen the amended complaint and, if necessary, direct service on the newly identified defendants.

Disposition

The court dismissed the claims against Downstate Correctional Facility and the Department of Corrections. It directed service of the complaint on the named individual defendants and ordered identification of the John Doe defendants. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not resolve the underlying claims against the individual or unidentified defendants.