Lurch, Jr. v. NYCHHC

Background

Robert Derek Lurch, Jr. brought the action under 42 U.S.C. § 1983, a federal law allowing claims against certain government actors for violating federal rights. He proceeded without a lawyer. The court had previously granted his request to proceed without prepaying filing fees.

Lurch sought to sue an unknown doctor or doctors based on an allegation that doctors diagnosed and treated detainees from “1 AA” who had the flu or flu-like symptoms but failed to isolate them from the general population afterward. The opinion states that Lurch's complaint and a December 27, 2021 letter supplied enough information to permit the defendants to identify the doctors.

Court’s Order

Under Valentin v. Dinkins, a person proceeding without a lawyer is entitled to help from the district court in identifying a defendant. The court ordered the New York City Law Department—which the opinion identifies as the attorney for and agent of the New York City Department of Correction and the City of New York—and New York City Health + Hospitals to determine the identity of the unknown doctor or doctors and provide an address where each could be served. They were ordered to provide that information to Lurch and the court within 60 days.

Within 30 days after receiving the information, Lurch must file an amended complaint naming the unknown doctors. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue an order for service on the doctors.

The order also directs the Clerk of Court to send the complaint, the order, and Lurch's December 27 letter to the New York City Law Department, and to send Lurch the order and an information package. The opinion does not resolve the merits of Lurch's civil-rights claims.