Smith v. Lasanta

Background

Sincere Smith, who was incarcerated at the time of the order, brought this action under 42 U.S.C. § 1983. He alleges that Correction Officer R. Lasanta and an unnamed correction officer failed to protect him from an attack by another inmate while Smith was incarcerated at Sing Sing Correctional Facility. The court had previously granted Smith permission to proceed without prepaying court fees.

Service on Lasanta

Because Smith was proceeding 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 to 90 days after the summons was issued. It instructed the Clerk of Court to prepare the service paperwork for R. Lasanta, issue a summons, and deliver the necessary documents to the U.S. Marshals Service. The court also stated that Smith must notify the court in writing if his address changes and that the action could be dismissed if he failed to do so.

Identification of the John Doe Defendant

The court found that Smith had provided enough information for the New York State Department of Corrections and Community Supervision to identify the unnamed correction officer whom Smith alleges escorted him to the bullpen at Sing Sing on June 7, 2019. Under the procedure discussed by the court, the New York State Attorney General’s Office was ordered to determine that officer’s identity, badge number, and service address and provide the information to Smith and the court within 60 days.

Smith was then required to file an amended complaint naming the officer within 30 days after receiving the information. The court stated that the amended complaint would replace, rather than supplement, the original complaint. After Smith filed it, the court would screen the amended complaint and, if necessary, direct service on the newly identified defendant.

Discovery

The court ruled that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and requests for production of documents. The defendants were ordered to serve responses within 120 days after service of the complaint and to quote each request verbatim in their responses.

Disposition

The order directed the Clerk of Court to issue the summons, complete the service forms for R. Lasanta, and provide the documents needed for service. It also directed the Clerk to send the order and complaint to the New York State Attorney General’s Office, mail Smith an amended-complaint form and information package, and apply Local Civil Rule 33.2. Judge Nelson S. Roman did not decide the merits of Smith’s failure-to-protect claim.