Christman v. Kalimulina

Background

Silviano Christman, who was detained on Rikers Island and proceeding without a lawyer, filed claims under the Americans with Disabilities Act and the Rehabilitation Act. He alleged that defendants used excessive force against him, denied him medical attention, and removed his wheelchair. The court also understood the complaint to assert claims under 42 U.S.C. § 1983, a federal law that allows claims for certain constitutional violations by state or local officials.

Christman had permission to proceed without prepaying the filing fee. The court explained that it had to screen a prisoner’s complaint and dismiss claims that were frivolous, malicious, failed to state a claim, sought relief from an immune defendant, or fell outside the court’s jurisdiction. The order did not make a merits decision on Christman’s allegations.

Service of process

The court requested that Captain Fernandez, Captain Smith, Correction Officer McQueen, and Deputy Warden Miller waive service of the summonses. Because Christman was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue a summons for Dr. Svetlana Kalimulina and provide the necessary documents to the U.S. Marshals Service for service. The court extended the service period to 90 days after the summons was issued. It stated that the action could be dismissed under the Federal Rules of Civil Procedure if service was not completed within that period and Christman did not request an extension.

Other defendants and amendment

The court found that Christman had not alleged facts showing the personal involvement of Captain Ellebe, Dr. Hassan, Dr. Vale, Warden Walker, Warden Collins, Deputy Warden Chester, Correction Officer Boucaud, or Ross McDonald. It granted Christman 60 days to file an amended complaint stating facts supporting his claims against those defendants. The amended complaint would completely replace, rather than supplement, the original complaint, so any facts or claims from the original complaint that Christman wanted to retain had to be included again.

Discovery and appeal

The court stated that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. The defendants were required to serve responses to those standard requests within 120 days after service of the complaint.

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.

Disposition

This was an order concerning service, amendment, and case administration. It did not determine whether Christman ultimately proved his claims or whether the defendants violated his rights.