Williams, Jr. v. City of New York

Background

Alexander Williams Jr., who was incarcerated at the George R. Vierno Center on Rikers Island, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that the City of New York and ADW Green, Captain Islam, DW Shivraj, DW Morales, CO Coxson, CO Kevin Young, and CO Ritter violated his rights. The opinion does not describe the underlying alleged violations.

By an earlier order dated June 1, 2022, the court allowed Williams to proceed without prepaying filing fees. The court noted that prisoners must still pay the full filing fee over time under the applicable statute, even when granted that status.

Service and Discovery

The court directed the clerk to notify the New York City Department of Correction and the New York City Law Department of the order. It requested that the City of New York, ADW Green, Captain Islam, DW Shivraj, DW Morales, CO Coxson, CO Kevin Young, and CO Ritter waive service of summons.

The court 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 the standard interrogatories and document requests within 120 days after service of the complaint, and their responses must quote each request word for word. The court stated that Williams may request paper copies of the discovery requests from the Pro Se Intake Unit if he cannot access them online.

Disposition

Judge Paul G. Gardephe concluded that Local Civil Rule 33.2 applies to the action and requested that the defendants waive service. The court did not decide the merits of Williams’s civil-rights claims in this order. It certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal from this order. The clerk was also directed to mail Williams an information package.