Maldonado v. Gunsett
- Vincent Briccetti
- 7:21-cv-03719
- U.S. District Court · Southern District of New York
- 3
In Maldonado v. Gunsett, Judge Briccetti updated defendant identification and ordered service, without deciding Maldonado’s constitutional claims.
Edwin Maldonado, Erik Lawton, and Correction Officer Keith Chase. Lawton was terminated from the action, and the court directed service of the lawsuit on Chase.
What happened
Maldonado v. Gunsett concerns Edwin Maldonado’s claims under a federal civil-rights law alleging violations of his constitutional rights. Maldonado was proceeding without a lawyer and without prepaying filing fees, and his complaint originally named thirteen unidentified defendants.
The New York Attorney General identified seven of those defendants. The Attorney General later told the court that Erik Lawton had been identified by mistake and should be replaced by Correction Officer Keith Chase. The court therefore directed the clerk to remove Lawton from the case and prepare the paperwork needed for the U.S. Marshals Service to serve Chase.
Judge Vincent L. Briccetti issued the second amended service order on March 21, 2022. The order did not decide whether Maldonado’s constitutional claims were valid. It also denied Maldonado permission to appeal this order without prepaying fees and required him to notify the court of any address change.
The detailed version
- Maldonado v. Gunsett · No. 7:21-cv-03719
- Vincent Briccetti
- Mar. 21, 2022
Background
Edwin Maldonado, proceeding without a lawyer and without prepaying filing fees, brought claims under 42 U.S.C. § 1983 for alleged violations of his constitutional rights. His amended complaint identified thirteen defendants only as John or Jane Does.
On November 10, 2021, the court entered an order directing the New York Attorney General to identify those defendants. The Attorney General’s January 10, 2022 letter identified seven defendants: John and Jane Doe defendant (1), and defendants (8) through (13). Maldonado then filed a second amended complaint naming the additional defendants. The court entered an amended service order on January 31, 2022.
Updated Defendant Identification
In a March 21, 2022 letter, the Attorney General informed the court that Erik Lawton, who had been identified as one of the defendants, had been identified in error. The Attorney General stated that the defendant should instead be Correction Officer, now Sergeant, Keith Chase.
Court’s Order
The court ordered the clerk to terminate Erik Lawton, identified as the 2018 A-Block Escort Officer, from the action. The court also ordered the clerk to prepare a U.S. Marshals Service process receipt and return form, issue a summons for Keith Chase, and provide the Marshals Service with the paperwork and service address needed to serve Chase at Green Haven Correctional Facility.
The court certified that an appeal from the order would not be taken in good faith and denied Maldonado permission to appeal without prepaying fees. The court also required Maldonado to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so. The order addressed defendant identification and service; it did not decide the merits of Maldonado’s constitutional claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.