Davis v. Doe 1

Background

Javon Davis, who is currently incarcerated in Ulster Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against state or local officials for violating federal rights. He alleges that unnamed Emergency Services Unit officers violated his constitutional rights while he was held at the Otis Bantum Correctional Center on August 2 and 3, 2021. The court had previously granted his request to proceed without paying the filing fee upfront.

Identifying the unnamed defendants

Because Davis provided enough information for the New York City Department of Correction to identify the officers, the court ordered the New York City Law Department, which represents and acts as the Department’s agent, to determine the identity and badge number of each John Doe defendant and provide the defendants’ service addresses. The Law Department must provide that information to Davis and the court within 60 days of the order.

Davis must file an amended complaint naming the defendants within 30 days after receiving the information. The amended complaint will replace, rather than add to, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue an order asking the defendants to waive formal service.

Request for volunteer counsel

Davis also asked the court to request a volunteer lawyer. In considering such a request, the court considers the apparent strength of the case, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to investigate and present the case without assistance. The court stated that it was too early to assess the merits of Davis’s claims.

Ruling

Judge Analisa Torres denied Davis’s application for the court to request volunteer counsel without prejudice to renewal at a later date. The order did not resolve the merits of Davis’s constitutional claims.