Watts v. Carter
- Lorna Schofield
- 1:21-cv-08978
- U.S. District Court · Southern District of New York
- 7
In Watts v. Carter, Judge Schofield ordered steps to identify a John Doe defendant and arrange service in Kenneth Watts’s civil-rights case.
Kenneth Watts, the named Department of Correction defendants, the unidentified John Doe defendant, and the New York City Department of Correction and Law Department.
What happened
Watts v. Carter concerns Kenneth Watts’s pro se civil-rights lawsuit under federal law, alleging that officials violated his constitutional rights while he was detained at the Vernon C. Bain Center. The court had previously allowed him to proceed without paying filing fees upfront.
The court directed notice to the New York City Department of Correction and Law Department and requested that C. Carter, Captain Horton, and Captain Guerra waive service of summons. It also required the Law Department to identify the John Doe defendant, provide that person’s badge number and a service address within 60 days, and provide the information to Watts and the court.
Judge Lorna G. Schofield required Watts to file an amended complaint naming the John Doe defendant within 30 days after receiving the information. The amended complaint would replace the original complaint, which the court would later screen; this order did not decide whether Watts’s constitutional claims were valid.
The detailed version
- Watts v. Carter · No. 1:21-cv-08978
- Lorna Schofield
- Dec. 6, 2021
Background
Kenneth Watts, who was detained at the Anna M. Kross Center on Rikers Island when the order was issued, brought a pro se action under 42 U.S.C. § 1983. He alleged that, while detained at the Vernon C. Bain Center, Warden C. Carter, Captain Guerra, Captain John Doe, and Captain Horton violated his constitutional rights. The court had previously granted Watts permission to proceed without prepaying filing fees.
Service on 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. It requested that C. Carter, identified as the VCBC Warden; Captain Horton, identified as the VCBC Facility Storehouse Captain; and Captain Guerra, identified as the VCBC 3-AA Shift Supervisor, waive service of summons.
Identifying the John Doe Defendant
Because Watts provided enough information to identify the John Doe defendant, described as the VCBC Facility Shift Supervising Captain, the court required the New York City Law Department to determine that person’s identity and badge number and the address where the person could be served. The Law Department had to provide that information to Watts and the court within 60 days of the order.
Within 30 days after receiving the information, Watts had to file an amended complaint naming the John Doe defendant. The court stated that the amended complaint would replace, rather than supplement, the original complaint. After Watts filed it, the court would screen the amended complaint and, if necessary, issue an order asking the defendant to waive service.
Disposition
The court directed the Clerk to electronically notify the New York City Department of Correction and the New York City Law Department, mail the order and complaint to the New York City Law Department, and mail Watts the order and an information package. The order addressed service and identification of a defendant; it did not resolve the merits of Watts’s constitutional claims.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.