Broadnax v. Hallet

Background

Cleveland Broadnax filed this lawsuit on April 5, 2021. The New York City Department of Correction later filed an unexecuted waiver of service for Defendants Hallet, Sanchez, Grant, Vincent, Sans, and Lubin. The department reported that Hallet no longer worked for the agency, that there was no Deputy Sanchez at Anna M. Kross Center, that it found no matches for Sans, and that multiple officers matched the names Grant, Vincent, and Lubin.

Former Warden Hallet and the remaining defendants filed an answer on March 17, 2022. Sanchez, Grant, Vincent, Sans, and Lubin had not answered. The court twice asked Broadnax whether he wanted to dismiss those defendants or needed help identifying and locating them. Broadnax responded that he intended to continue the litigation and supplied additional identifying information.

Court’s ruling

The court relied on the rule that a self-represented litigant is entitled to assistance from the district court in identifying a defendant. It found that Broadnax’s complaint and letter contained enough information for the City of New York and Correctional Health Services to identify Sanchez, Grant, Vincent, Sans, and Lubin.

The court ordered the City of New York and Correctional Health Services to determine the identities of those five defendants and the addresses where they could be served. They must provide that information to Broadnax and the court within 60 days of the order. Within 30 days after receiving the information, Broadnax must file an amended complaint fully naming those defendants, if they were not already fully named. The amended complaint will replace, not supplement, the original complaint. The order did not decide the underlying claims.