Purnell v. Williams

Background

Jamel Purnell, who was detained at the Robert N. Davoren Complex, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that Captain Williams, the New York City Department of Correction, and six unidentified officers used excessive force against him on July 4, 2021, while he was detained at the Anna M. Kross Center. The court had previously granted Purnell permission to proceed without prepaying the filing fee.

Screening and the Department of Correction

Because Purnell was a prisoner seeking relief against a governmental entity or government employees, the court screened the complaint under the Prison Litigation Reform Act. The court concluded that the New York City Department of Correction, as an agency of the City of New York, lacks the legal capacity to be sued in the agency’s own name. The court therefore dismissed Purnell’s claims against the Department of Correction. Because Purnell clearly intended to assert claims against the City of New York, the court directed the Clerk of Court to replace the Department of Correction with the City of New York as a defendant under Federal Rule of Civil Procedure 21. The court stated that this amendment was without prejudice to defenses the City may assert.

Service and identifying the John Doe officers

The court requested that Captain Williams and the City of New York waive service of the summons. Under the rule allowing a court to assist a self-represented litigant in identifying a defendant, the court directed the New York City Law Department to determine the identities, badge numbers, and service addresses of the six John Doe officers. The Law Department must provide that information to Purnell and the court within 60 days of the order. If it cannot identify a badge number for Captain Williams, it must also provide that information.

After receiving the identifying information, Purnell must file an amended complaint naming the John Doe defendants within 30 days. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and may later issue an order concerning waiver of service.

Discovery and disposition

The court ruled that Local Civil Rule 33.2 applies. Under that rule, defendants must serve responses to the specified prisoner-case interrogatories and document requests within 120 days of the order.

Judge John G. Koeltl dismissed Purnell’s claims against the New York City Department of Correction, directed that the City of New York be added as a defendant, ordered the identification process for the John Doe officers, and applied the standard discovery rule. The court did not decide whether the alleged excessive force occurred or whether Purnell would prevail on that claim. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.