Murray v. Dabo
- Valerie Caproni
- 1:22-cv-04026
- U.S. District Court · Southern District of New York
- 10
In Murray v. Dabo, Judge Caproni ordered service on Dr. Dabo and identification of an unnamed nurse in Robert Murray’s constitutional lawsuit.
Robert Murray, as Leviticus Lucfer, received assistance with serving Dr. Dabo and identifying RN John Doe. Dr. Dabo is subject to service, and the New York State Attorney General and Office of Mental Health must assist in identifying the nurse. The order did not resolve the claims against any defendant.
What happened
Robert Murray, as Leviticus Lucfer, sued OMH Dr. Dabo and several unnamed staff members, alleging that Dr. Dabo confiscated his wheelchair, forced him to walk, medicated him against his will, dragged him, and ordered an invasive cavity search. The court treated the complaint as asserting constitutional claims under 42 U.S.C. § 1983.
The court had already allowed Robert Murray to proceed without paying filing fees in advance. It ordered the Clerk and the U.S. Marshals Service to serve Dr. Dabo. It also ordered the New York State Attorney General to identify the unnamed nurse alleged to have conducted the search and provide that information to the court and Robert Murray within 60 days.
In Murray v. Dabo, Judge Valerie Caproni further required Robert Murray to file an amended complaint naming that nurse within 30 days after receiving the identification information. The order did not decide whether the allegations were legally or factually proven, and it found insufficient information to require identification of two other unnamed defendants.
The detailed version
- Murray v. Dabo · No. 1:22-cv-04026
- Valerie Caproni
- May 25, 2022
Background
Robert Murray, as Leviticus Lucfer, filed this pro se action while detained at Kirby Forensic Psychiatric Center. He named OMH Dr. Dabo; RN John Doe; 2 Jane Doe Staff; and John Doe Staff - OMH as defendants. The court construed the complaint as asserting constitutional claims under 42 U.S.C. § 1983.
The complaint alleges that Dr. Dabo confiscated Murray’s wheelchair, told staff that Murray needed to walk, medicated Murray against his will, dragged Murray by one leg, and ordered RN John Doe to conduct an invasive cavity search. The opinion does not decide whether these allegations are true or whether they establish liability.
Rulings on Service and Identification
The court noted that it had granted Murray permission to proceed without prepaying filing fees. Because he was proceeding under that permission, the court directed the Clerk of Court to issue a summons for Dr. Dabo, complete the required U.S. Marshals Service form with Dr. Dabo’s address, and provide the necessary papers to the Marshals Service for service. The court extended the service period to 90 days after the summons is issued because Murray could not serve the complaint before the court reviewed it and ordered issuance of the summons.
Relying on the rule that a self-represented litigant is entitled to the court’s assistance in identifying a defendant, the court ordered the New York State Attorney General, as attorney and agent for the New York State Office of Mental Health, to determine the identity and service address of RN John Doe. The Attorney General must provide that information to Murray and the court within 60 days of the order.
After receiving the information, Murray must file an amended complaint naming the nurse within 30 days. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint and, if necessary, direct service on the identified defendant. The court stated that the complaint did not provide enough information to require the Attorney General to identify the two other unnamed defendants.
Disposition
Judge Valerie Caproni entered an order of service. The order directs service on Dr. Dabo and directs identification of the RN John Doe; it does not resolve the merits of Murray’s constitutional claims.
Read the full 10-page opinion on CourtListener, the free public archive maintained by the Free Law Project.