Woods v. John or Jane Doe, MD
- Vincent Briccetti
- 7:21-cv-00203
- U.S. District Court · Southern District of New York
- 11
In Woods v. John or Jane Doe, Judge Briccetti ordered service steps in David Woods’s civil-rights case and required information to identify an unnamed medical defendant.
David Woods, the Superintendent of Downstate Correctional Facility, the unidentified doctor, the New York State Attorney General, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Woods v. John or Jane Doe, M.D., David Woods, who is incarcerated, brought a civil-rights lawsuit under a federal law allowing claims against state officials for constitutional violations. He is proceeding without a lawyer and without paying the filing fee upfront.
The court ordered the Clerk and U.S. Marshals Service to serve the Superintendent of Downstate Correctional Facility. It extended the service deadline to 90 days after the summons is issued. The court also directed Woods to give the New York State Attorney General information to help identify the unnamed doctor.
Judge Briccetti required the Attorney General to identify the doctor and provide a service address, after which Woods must file an amended complaint naming that defendant. The order did not decide whether Woods’s constitutional claims are valid.
The detailed version
- Woods v. John or Jane Doe, MD · No. 7:21-cv-00203
- Vincent Briccetti
- Mar. 30, 2021
Background
David Woods filed a lawsuit under 42 U.S.C. § 1983, a federal law that permits claims for constitutional violations by state actors. The opinion identifies Woods as incarcerated at Cape Vincent Correctional Facility and states that he is proceeding without a lawyer. The court had previously allowed him to proceed without paying the filing fee upfront.
The defendants named in the caption are John or Jane Doe, M.D., and the Superintendent of Downstate Correctional Facility. The doctor was not identified by name. The order does not describe the underlying alleged constitutional violation or decide the merits of Woods’s claims.
Service on the Superintendent
Because Woods was allowed to proceed without prepaying the filing fee, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summons is issued.
The Clerk of Court was directed to issue a summons for the Superintendent of Downstate Correctional Facility, complete the required service forms with the address provided in the order, and deliver the necessary paperwork to the U.S. Marshals Service. Woods was directed to notify the court in writing if his address changes.
Identifying the Medical Defendant
The court directed Woods, by April 29, 2021, to provide the New York State Attorney General with more detailed information about the unidentified doctor, including the date on which the doctor observed Woods at Downstate Correctional Facility.
Within 30 days after Woods provided that information, the Attorney General was directed to identify the doctor and provide the doctor’s service address to Woods and the court. Within 30 days after receiving that information, Woods was directed to file an amended complaint naming the doctor. The amended complaint would replace, rather than supplement, the original complaint.
After Woods filed the amended complaint, the court stated that it would screen it and, if necessary, direct the Clerk to prepare service forms and provide the documents to the U.S. Marshals Service.
Disposition
Judge Vincent L. Briccetti entered an order of service. The order directed service procedures for the Superintendent, required steps to identify and name the doctor, and did not rule on whether Woods’s claims ultimately succeed.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.