Coward v. Doe
- Kenneth Karas
- 7:22-cv-00628
- U.S. District Court · Southern District of New York
- 11
In Coward v. Doe, Judge Karas ordered service on Morton and identification of the unnamed doctor, without deciding the constitutional claims.
Rodney Coward; Superintendent Robert Morton, Jr.; the unidentified John or Jane Doe, M.D.; the New York Attorney General; the Clerk of Court; and the U.S. Marshals Service.
What happened
In Coward v. Doe, Rodney Coward, who is incarcerated, brought claims alleging that the defendants violated his constitutional rights. The court had allowed him to proceed without paying filing fees upfront.
The court ordered the U.S. Marshals Service to serve Superintendent Robert Morton, Jr. It also ordered the New York Attorney General to identify the unnamed doctor who examined Coward when he entered Downstate Correctional Facility in December 2019 and provide an address for service.
Judge Kenneth M. Karas required Coward to file an amended complaint within 30 days after receiving the doctor’s identity. The order addressed service and identifying a defendant; it did not decide whether Coward’s claims were legally valid.
The detailed version
- Coward v. Doe · No. 7:22-cv-00628
- Kenneth Karas
- Apr. 6, 2022
Background
Rodney Coward, who was incarcerated at Bare Hill Correctional Facility, filed this self-represented action against John or Jane Doe, M.D., and Superintendent Robert Morton, Jr. He alleged violations of his constitutional rights. The court construed the claims as arising under 42 U.S.C. § 1983 and state law. The court had previously granted Coward permission to proceed without prepaying filing fees.
Service on Superintendent Morton
Because Coward was allowed to proceed without prepaying filing fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after the summons was issued, rather than 90 days after the complaint was filed. The Clerk of Court was directed to issue a summons for Superintendent Morton, complete the required Marshals Service forms, and provide the necessary papers to the Marshals Service.
The order also required Coward to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so. The order noted that prisoners still must pay the full filing fee even when permitted to proceed without prepayment.
Identifying the unnamed doctor
The court determined that the complaint provided enough information for the New York State Department of Corrections and Community Supervision to identify the unnamed defendant. The doctor was described as the person who conducted Coward’s medical screening and physical examination when he entered Downstate Correctional Facility in December 2019.
The court ordered the New York Attorney General, as the attorney for and agent of the department, to determine the doctor’s identity and service address and provide that information to Coward and the court within 60 days. Within 30 days after receiving the information, Coward was required to file an amended complaint naming the doctor. The amended complaint would replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, issue further service instructions.
Disposition
The court ordered service on Superintendent Morton and ordered the Attorney General to identify the unnamed doctor. It also directed that copies of the order and complaint be sent to the Attorney General and that Coward receive the order, an information package, and an amended-complaint form. Judge Kenneth M. Karas did not rule on the merits of the alleged constitutional or state-law violations.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.