Alli v. Renee

Background

Umar Alli, who was being held in the North Infirmary Command on Rikers Island, filed this lawsuit without a lawyer. He alleged that the defendants violated his federal constitutional rights and asserted claims under 42 U.S.C. § 1983, a federal law allowing claims for certain constitutional violations by state or local officials, as well as claims under state law. He sought damages and injunctive relief, meaning a court order requiring or prohibiting specified conduct.

The named defendants were G.R.V.C. Warden Renee; the City of New York; “Security Officers 1-5 of G.R.V.C.”; the Commissioner of the New York City Department of Correction; and “Supervisory Captain of Use of Force.” The court understood the Commissioner defendant to refer to former Commissioner Vincent Schiraldi. The opinion identifies the unnamed officers as the correction officers involved in a physical altercation with Alli at the George R. Vierno Center on October 3, 2021, and identifies the unnamed supervisor as a correction captain who supervised those officers that day.

Court’s Actions

The order noted that an earlier order had allowed Alli to proceed without paying the filing fee upfront. In this order, the court requested that the City of New York, former Commissioner Vincent Schiraldi, and Warden Renee waive service of summons. It also directed those defendants to comply with Local Civil Rule 33.2, which requires responses to specified discovery requests in certain prisoner cases. Their responses were due within 120 days of the order.

Because Alli did not know the names of some defendants, the court directed the New York City Law Department to determine their identities, badge numbers, and addresses where they could be served. That information was due to Alli and the court within 60 days. Within 30 days after receiving the information, Alli was directed to file an amended complaint naming the newly identified individuals. The amended complaint would replace the original complaint rather than add to it.

Disposition

Judge Netburn issued an order of service and related case-management directions. The court directed the Clerk’s Office to mail the order and an information package to Alli and to notify the New York City Department of Correction and Law Department. The court stated that it would screen any amended complaint after it was filed and, if necessary, request that the newly named defendants waive service. The order did not resolve the merits of Alli’s constitutional or state-law claims.