Alli v. City of New York
- Paul Gardephe
- 1:21-cv-04767
- U.S. District Court · Southern District of New York
- 5
In Alli v. City of New York, Judge Gardephe dismissed duplicative detention claims without prejudice and ordered service-related steps for the remaining claims.
Umar Alli’s claims about the Manhattan Detention Complex’s 9-South Unit were dismissed without prejudice because they duplicated claims in a separate action. His claims concerning the George R. Vierno Center remained in this action for service, defendant-identification, discovery, and further screening steps involving the City of New York and the listed named and unnamed defendants.
What happened
Umar Alli, who was incarcerated at the North Infirmary Command, filed this self-represented civil-rights lawsuit under a federal law allowing claims against state or local officials for constitutional violations. He alleged abuse while detained at the George R. Vierno Center and the Manhattan Detention Complex’s 9-South Unit.
Because Alli had filed a separate case raising the same 9-South Unit claims, the court dismissed those claims without prejudice as duplicative. The City of New York remained a defendant because Alli also sued it over events at the George R. Vierno Center.
Judge Paul G. Gardephe directed the listed defendants to be asked to waive formal service, ordered the New York City Law Department to identify unnamed defendants, and required defendants to answer specified discovery requests. The court also denied permission to proceed without paying fees for an appeal.
The detailed version
- Alli v. City of New York · No. 1:21-cv-04767
- Paul Gardephe
- June 17, 2021
Background
Umar Alli filed this self-represented action under 42 U.S.C. § 1983, which provides a cause of action for alleged constitutional violations by state or local officials. The opinion states that Alli was incarcerated at the North Infirmary Command. He alleged abuse during detention at the George R. Vierno Center (GRVC) in April and May 2021 and at the Manhattan Detention Complex (MDC) 9-South Unit.
The court had previously allowed Alli to proceed without paying the filing fee at the outset. Under the Prison Litigation Reform Act, the court screened the complaint to determine whether any claim was frivolous, malicious, failed to state a claim, or sought money from an immune defendant. The court also stated that self-represented complaints must be read liberally.
MDC Claims
Alli filed another action on the same day asserting the same claims arising from his detention in MDC’s 9-South Unit. Because those claims were already pending in a separate case before another judge in the district, the court dismissed the 9-South Unit claims in this action as duplicative. The conclusion expressly states that those claims were dismissed without prejudice.
The court noted that Alli appeared to have named only the City of New York in connection with the MDC claims. Because he also sued the City concerning events at GRVC, the City remained a defendant in this action.
Service and Unnamed Defendants
The court requested that the named defendants waive service of summons. Those defendants were the City of New York; GRVC Warden Jean Renee and Deputy Warden Harris; Correction Officers Edmounds and D. Brown (#1689); Chief of Department Hazel Jennings; Custody Management Officers Ruiz and Allyiene; Chief Kenneth Stukes, sued as Stookes; and GRVC Security Deputy Carter.
The court directed the New York City Law Department, identified in the opinion as counsel for and agent of the New York City Department of Correction, to identify the unnamed defendants and provide identifying and service information. The requested information concerned: the GRVC Probe Team members who responded to an incident involving Alli around 8:30 p.m. on April 15, 2021; GRVC security officers who removed him from unit 5A that day; captains and deputies on duty in housing areas 7A and 9B from April 15 through May 1, 2021; and doctors on duty for his medical visits on April 15, April 23, and May 1, 2021.
The Law Department was given sixty days from the date of the order to provide the information. Alli was then directed to file an amended complaint naming the identified defendants within thirty days after receiving that information. The amended complaint would replace, rather than supplement, the original complaint, and the court stated that it would screen the amended complaint.
Discovery and Disposition
The court ruled that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and document requests. Defendants were directed to serve responses within 120 days after service of the complaint and to quote each request verbatim in their responses.
The court dismissed Alli’s claims concerning MDC’s 9-South Unit without prejudice. It directed service-related steps for the named defendants and identification of the Doe defendants, and it directed the clerk to notify the New York City Department of Correction and the New York City Law Department. The court certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Judge
The order was signed by United States District Judge Paul G. Gardephe.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.