Senear v. Mininni

Background

Kyle Senear brought this self-represented action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state actors. He alleged that the defendants failed to protect him from an assault by another incarcerated person while he was at Green Haven Correctional Facility. The caption names Mininni, Correction Officer Brogan, and a John Doe correction officer as defendants. Senear was incarcerated at Mid-State Correctional Facility when the order was issued.

Chief Judge Laura Taylor Swain had granted Senear permission to proceed without prepaying court fees. That permission allowed Senear to rely on the court and the U.S. Marshals Service to serve the defendants.

Service on Mininni and Brogan

The court instructed the Clerk of Court to complete service forms, issue summonses, and provide the necessary papers to the U.S. Marshals Service for service on Mininni and Brogan. Because Senear could not serve the defendants before the court reviewed the complaint and ordered summonses, the court extended the service deadline to 90 days after the summonses are issued. The court stated that, if service is not completed within that period, Senear should request an extension of time. Senear was also required to notify the court in writing of any address change, and the court warned that the action could be dismissed if he failed to do so.

Identifying the John Doe defendant

The court relied on the rule that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant. It found that Senear had provided enough information for the New York State Department of Corrections and Community Supervision to identify the John Doe officer. The court therefore directed the New York State Attorney General, as the attorney and agent for that department, to determine the officer’s identity, badge number, and service address and provide that information to Senear and the court within 60 days.

After receiving the information, Senear must file an amended complaint naming the John Doe defendant within 30 days. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, direct the Clerk to arrange service on the newly identified defendant.

Discovery

The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered discovery requests. The defendants must serve responses to those standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

Disposition

The order directed service on Mininni and Brogan, directed the Attorney General to identify the John Doe defendant, required a later amended complaint naming that defendant, and imposed the specified discovery schedule. It did not decide the merits of Senear’s claim that the defendants failed to protect him.