Megginson v. Stukes
- Vyskocil
- 1:21-cv-09599
- U.S. District Court · Southern District of New York
- 8
In Megginson v. Stukes, Judge Vyskocil ordered identification of an unknown defendant, required an amended complaint, and denied New York City's conference request without prejudice.
Michael E. Megginson must identify the proper defendant in an amended complaint after receiving information from the New York City Law Department. The Law Department must investigate and provide the identity and service address of the individual Megginson called Chief Glover. The City of New York's request for a pre-motion conference was denied without prejudice.
What happened
In Megginson v. Stukes, Michael E. Megginson, who was representing himself, sued Chief of Department Stukes, Chief Glover, and the City of New York. The court treated the complaint as naming the City instead of the New York City Department of Correction. The City and Chief Stukes agreed to accept service, but the Department of Correction said it could not identify an employee matching Chief Glover's name and title.
The court said the complaint provided enough information to help identify the person Megginson meant: the chief of the Office of Special Investigations at Rikers Island during the stated October 2021 period. It ordered the New York City Law Department to find that person's identity and service address within 30 days. After receiving that information, Megginson must file an amended complaint naming the proper defendant or defendants. The court also denied the City's request for a conference before filing a dismissal motion without prejudice.
Judge Mary Kay Vyskocil did not decide the underlying claims. The case would be screened after Megginson filed the amended complaint, and the court could then seek waivers of service from defendants.
The detailed version
- Megginson v. Stukes · No. 1:21-cv-09599
- Vyskocil
- May 17, 2022
Background
Michael E. Megginson filed the complaint on November 18, 2021, while representing himself. He named “Chief of Department Stukes,” “Chief Glover,” and the New York City Department of Corrections as defendants. The court later construed the complaint as asserting claims against the City of New York instead of the Department of Corrections and asked the City, Chief Stukes, and Chief Glover to waive service of the summons and complaint.
The City of New York and Chief Stukes filed executed waivers. The New York City Department of Correction declined to waive service on Chief Glover’s behalf because it said no agency employee matched that name and title. Megginson had identified Chief Glover as the “Chief of OSIU” at Rikers Island between October 21 and October 31, 2021.
Court’s Actions
Relying on Valentin v. Dinkins, the court explained that a person representing himself is entitled to the district court’s help identifying a defendant when the complaint contains enough information to do so. The court ordered the New York City Law Department, as the Department of Correction’s attorney and agent, to determine the identity of the individual Megginson sought to sue and that person’s address for service. The Law Department must provide the information to Megginson and the court within 30 days of the order.
Within 30 days after receiving the information, Megginson must file an amended complaint naming the proper defendant or defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, ask defendants to waive service.
The court also denied without prejudice the City of New York’s request for a pre-motion conference before filing a motion to dismiss. The Clerk of Court was asked to mail the order to Megginson.
What the Order Did Not Decide
The order did not decide whether Megginson’s underlying claims were legally valid or whether any defendant was liable. It addressed identifying a defendant, service, amendment of the complaint, and the City’s request for a pre-motion conference.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.