King v. Garcia

Background

Sharif King sued W. Garcia. King alleged that Garcia was a correction officer at Downstate Correctional Facility who failed to protect King from an attack by another prisoner on December 19, 2019. The opinion states that King was representing himself.

The court had previously ordered service of the lawsuit on Garcia. The U.S. Marshals Service returned the service paperwork twice. The first return stated that Garcia could not be located after an attempt to serve him. The second noted that Downstate was no longer open because the facility had shut down.

Court’s Analysis

The court relied on the rule that a person representing himself is entitled to help from the district court in identifying a defendant. It found that King’s complaint provided enough information for the New York State Department of Corrections and Community Supervision to identify Garcia.

The court therefore ordered the New York State Attorney General, which the opinion describes as the attorney and agent for that department, to determine Garcia’s badge number and the address where he could be served. If Garcia is a former department employee or official, the Attorney General must provide a residential address where he may be served. The Attorney General was ordered to provide the information to King and the court within 60 days.

Disposition

The court directed the Clerk of Court to mail the order and complaint to the New York State Attorney General. After receiving the requested information, the court stated that it would issue an order directing the Clerk to complete the service form with Garcia’s address and send the necessary documents to the U.S. Marshals Service.

Judge Philip M. Halpern also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The opinion does not decide the merits of King’s allegation that Garcia failed to protect him.