Williams, Jr. v. City of New York

Background

Alexander Williams, Jr. filed an amended complaint on March 22, 2021. The opinion states that he was proceeding pro se, meaning without a lawyer, and had permission to proceed in forma pauperis, meaning without paying filing fees. Williams also filed an order to show cause seeking a preliminary injunction and temporary restraining order. The court confirmed that it had received both filings.

The New York City Law Department had appeared for the City of New York. The Department of Corrections waived service for most defendants but declined to waive service for seven named defendants because they could not be identified. The opinion lists those defendants as ADW Carter, Capt. Williams, Capt. Blake, Capt. Palmer-Campbell, CO Coulthurst, CO Graves, and CO Figurioa. The court also stated that Physician Affiliate Group of New York, P.C. and New York City Health + Hospitals had been unable to identify Shawn Fishler and Dr. Gemo.

Order of Service

Because Williams had permission to proceed without paying filing fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve process. The court extended the usual 90-day service period until 90 days after summonses are issued. It stated that, if service was not completed within that period, Williams should request an extension.

The court directed the Clerk to prepare service forms for Roman Trojanowski, MHC, and Brian Burns, NP; issue summonses; and send the necessary paperwork to the U.S. Marshals Service. Their service addresses were included in an appendix to the order. The court also reminded Williams that he must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so.

Identifying Information and Assistance

The court gave Williams 30 days to provide the court and the New York City Law Department with more detailed information to help identify the seven Department of Corrections defendants. The Law Department then had 30 days after receiving that information to identify the defendants Williams sought to sue who had not already waived service and to provide addresses where they could be served. If the information was insufficient, the Law Department was directed to advise the court.

The court also issued an order under Valentin v. Dinkins, which requires a district court to help a self-represented litigant identify a defendant when the complaint provides enough information. It ordered New York City Health + Hospitals or Physician Affiliate Group of New York, P.C. to identify Shawn Fishler and Dr. Gemo and provide service addresses to Williams and the court within 60 days.

Representation and Disposition

The court directed counsel for the City of New York to submit a letter by April 28, 2021, stating whether the Law Department intended to represent defendants who had waived service and whether it intended to represent additional Department of Corrections defendants who might later be identified. The Clerk was directed to mail the order and amended complaint to the City’s Law Department, New York City Health + Hospitals, and Physician Affiliate Group of New York, P.C.

The order was signed by Katharine H. Parker, United States Magistrate Judge. It was an administrative and service order; the opinion does not decide the merits of Williams’s claims.