Truitt v. Willie Perry

Background

Quame Truitt brought a self-represented action under 42 U.S.C. § 1983, a federal law that allows claims against state officials for violating constitutional rights. He alleged violations of the Fourteenth Amendment. The opinion states that Truitt was detained at the Anna M. Kross Center. The defendant was named as Deputy Warden “John Doe,” who allegedly presided over Truitt’s disciplinary hearing in November 2021.

The opinion states that the disciplinary decision from that hearing was overturned in an earlier proceeding in New York state court. The court found that Truitt had provided enough information for the New York City Department of Correction to identify the John Doe defendant.

Court’s Orders

The court ordered the New York City Law Department, described as the Department of Correction’s attorney and agent, to determine the John Doe defendant’s identity and the address where that person could be served. The Law Department must provide that information to Truitt and the court within 60 days of the order. After receiving the information, the court said it would direct the Clerk to substitute the identified defendant for John Doe and ask that defendant to waive service.

The court also ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered discovery requests. The defendants must serve responses to those requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

Disposition

The Clerk was directed to mail an information package to Truitt and to send the order and complaint to the New York City Law Department. The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees for that appeal. The order was a service and case-management order; it did not decide the merits of Truitt’s constitutional claims.