Cepeda v. Griffin

Background

Ramon Cepeda, who was incarcerated at the time and represented himself, brought this action under 42 U.S.C. § 1983. He alleged that Linda Griffin, Deputy Superintendent Louden, Deputy Superintendent Jones, Deputy Superintendent Carter, and Captain Walden violated his rights under the Eighth and Fourteenth Amendments.

Service problem

The New York City Department of Correction filed a waiver of service of summons that had not been completed. It stated that Griffin and Walden were no longer employed by the Department. Because their current service addresses were not available, the court addressed how they could be served with the lawsuit.

Court’s order

The court explained that a person representing himself is entitled to assistance from the district court in identifying a defendant. It ordered the New York City Law Department, identified in the opinion as the attorney and agent for the Department of Correction, to determine addresses where Griffin and Walden could be served. The Law Department had to provide that information to Cepeda and the court within 60 days of the order.

After receiving the addresses, the court stated that it would direct the Clerk of Court to complete the required service forms and send the necessary documents to the U.S. Marshals Service. The Clerk was also directed to serve the order on the Law Department, mail a copy to Cepeda, and record that service on the docket.

What the order did not decide

This was an order concerning service and identifying defendants. It did not decide the merits of Cepeda’s Eighth or Fourteenth Amendment allegations, and it did not determine whether any defendant violated his rights.