Corchado v. Carter

Background

Frankie Corchado filed this action without a lawyer, alleging that the defendants violated his federal constitutional rights. The opinion states that Corchado was being held at the Vernon C. Bain Center (VCBC), in Bronx, New York. On December 1, 2021, the court granted permission for him to proceed without paying the filing fee before the case proceeded.

The defendants named in the caption were N.Y.C./D.O.C./V.C.B.C. Warden Carter; N.Y.C./D.O.C./V.C.B.C. Captain Guerra, identified as a Housing Unit 3-AA Captain; N.Y.C./D.O.C./V.C.B.C. Captain John Doe, identified as the Intake Supervising Captain; and N.Y.C./D.O.C./V.C.B.C. Captain Horton.

Service of the Named Defendants

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department about the order. The court requested that C. Carter, the VCBC Warden; Captain Horton, a VCBC Facility Storehouse Captain; and Captain Guerra, a VCBC Housing Unit 3-AA Shift Supervisor, waive service of summons. A waiver of service allows a defendant to accept the summons and complaint without personal delivery of those documents.

Identifying Captain John Doe

The court explained that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant. It found that Corchado had provided enough information for the New York City Department of Correction to identify Captain John Doe, described as a VCBC Facility Shift Supervising Captain on duty on October 5, 2021.

The court ordered the New York City Law Department, which the opinion states represents the Department of Correction, to determine Captain John Doe’s identity, badge number, and address where that defendant could be served. The Law Department had to provide that information to Corchado and the court within 60 days of the order. If the person was a current or former Department of Correction employee or official, the Law Department was directed to state whether electronic service could be requested under the applicable agreement. If the person worked or had worked at a Department of Correction facility but was not a current or former employee or official, the Law Department had to provide a residential service address.

After receiving the identifying information, Corchado had 30 days to file an amended complaint naming the individual. The amended complaint would replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, issue another order concerning waiver of service.

Disposition

Judge Vernon S. Broderick directed the Clerk of Court to electronically notify the Department of Correction and the New York City Law Department, mail the order and complaint to the Law Department, and mail the order and an information package to Corchado. The court also attached an amended complaint form. This order addressed service and identification of a defendant; it did not decide the merits of Corchado’s constitutional claims.