Labossiere v. Downstate Correctional Facility

Background

Wilfred Labossiere, who is incarcerated at Sing Sing Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleges that the defendants violated his rights while he was incarcerated at Downstate Correctional Facility. The named defendants include Downstate, John Doe, identified as an officer assigned to a particular block and shift, and N. Baxter.

Service problem

On February 24, 2022, the court directed the U.S. Marshals Service to serve Baxter at Downstate. On May 23, 2022, the Marshals Service returned the service paperwork unexecuted because Downstate had closed.

Court’s action

The court relied on Valentin v. Dinkins, which provides that a person representing himself is entitled to the district court’s assistance in identifying an unidentified defendant. Because Baxter is an employee of the New York State Department of Corrections and Community Supervision, the court directed the New York Attorney General, which the opinion identifies as the department’s attorney and agent, to provide an address where Baxter can be served within 60 days of the order. If Baxter is a former employee or official, the Attorney General must provide a residential address where Baxter can be served.

After receiving the information, the court stated that it would direct the Clerk to complete the service form with Baxter’s address and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail the order and complaint to the Attorney General and a copy of the order to Labossiere. The order addressed service of process and did not decide the merits of Labossiere’s claims.