Melendez v. New York City Health & Hospitals

Background

Pablo E. Melendez, who was incarcerated in the West Facility on Rikers Island, brought this action without a lawyer under 42 U.S.C. § 1983 and the Americans with Disabilities Act. He sued “C.H.S. Correctional Health Services” and various individuals, alleging, among other things, that he had been deprived of adequate health care. The amended complaint named C.H.S. Correctional Health Services, the City of New York, Correctional Officer Guity, and Deputy Warden Jane Doe.

The court had previously allowed Melendez to proceed without prepaying filing fees and had directed the Clerk of Court to prepare materials for the U.S. Marshals Service to serve C.H.S. The court had also allowed Melendez to amend his complaint to provide more details about his claims against the individual defendants. A process receipt filed on February 28, 2022, stated that the process server was unable to locate C.H.S. at the original service address.

Rulings on Service

Because Melendez was proceeding without prepaying fees, the court explained that he was entitled to rely on the court and the U.S. Marshals Service to effect service. Although Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after filing the complaint, the court concluded that the deadline should be extended because Melendez could not have served the defendants until the court reviewed the complaint and ordered a summons, and because the initial service attempt appeared to have used an incorrect address. The court extended the time for service until 90 days after the summons was issued. It stated that Melendez should request another extension if service was not completed within that period.

The court instructed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for C.H.S., issue an amended summons, and send the necessary papers to the Marshals Service. The order identified the service address as the C.H.S. warehouse at 49-04 19th Avenue, Astoria, New York 11105.

The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department of the order and requested that Officer Guity waive service of the summons.

Deputy Warden Jane Doe

The court stated that a person proceeding without a lawyer is entitled to the court’s assistance in identifying a defendant. Based on Melendez’s allegation that Deputy Warden Jane Doe assaulted him on January 28, 2021, in the N.I.C. intake area during a videotaped extraction, the court found that the Department of Correction and the Law Department should be able to identify her.

The court ordered those agencies to determine Jane Doe’s identity, badge number, and service address and to provide that information to Melendez and the court within 60 days. Within 30 days after receiving the information, Melendez must file a second amended complaint naming Jane Doe. That complaint will replace, rather than supplement, the current complaint. The court stated that it would screen the second amended complaint and, if appropriate, request that Jane Doe waive service.

Disposition and Scope

The order directed the Clerk to mail the order and an information package to Melendez, send the order and complaint to the New York City Law Department, and provide an amended complaint form. It also reminded Melendez to notify the court of any address change and stated that the action could be dismissed if he failed to do so. Magistrate Judge Barbara Moses resolved service and identification issues but did not decide the merits of Melendez’s civil-rights or disability claims.