Maldonado v. Gunsett

Background

Edwin Maldonado, who was incarcerated at Attica Correctional Facility when the order was issued, sued under 42 U.S.C. § 1983. He alleged that defendants subjected him to sexual assaults, excessive force, and retaliation while he was confined at Green Haven Correctional Facility in 2005 and 2018. The court had previously allowed him to proceed without prepaying filing fees.

Service on Named Defendants

Because Maldonado was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline until 90 days after summonses were issued. It stated that, if service was not completed within that period, Maldonado should request an extension of time.

The court directed the Clerk of Court to prepare service forms, issue summonses, and provide the U.S. Marshals Service with the documents needed to serve Correction Officer Gunsett, Sergeant Rowe, Correction Officer Miller, Sergeant Maligen, and Deputy Danielle Medbury. Maldonado was also required to notify the court in writing of any address change.

Identifying Unnamed Defendants

The court stated that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant. It found that Maldonado had provided enough information for the New York Attorney General to identify 13 unnamed correction officers involved in the alleged incidents. The Attorney General was ordered to provide their identities and service addresses to Maldonado and the court by January 10, 2022.

Within 30 days after receiving that information, Maldonado was required to file a second amended complaint naming the unnamed defendants. The court stated that the second amended complaint would replace, rather than supplement, the earlier complaint. After it was filed, the court would screen it and, if necessary, issue further service instructions.

Discovery

The court ruled that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. Defendants were required to serve responses to those standard interrogatories and document requests within 120 days after service of the complaint and to quote each request verbatim in their responses.

Disposition

The court directed the Clerk of Court to mail the order and an information package to Maldonado, issue summonses, complete the service forms, and send the necessary materials to the U.S. Marshals Service. It also directed the Clerk to send the order and the amended complaint to the New York Attorney General. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide the merits of Maldonado’s allegations.