Gomez v. Doe 1
- Nelson Roman
- 7:22-cv-05731
- U.S. District Court · Southern District of New York
- 8
In Gomez v. Doe 1, Judge Roman ordered officials to identify the unnamed defendants in Gomez’s excessive-force lawsuit.
Santiago Gomez, the three unidentified New York State Department of Corrections and Community Supervision officers, and the New York State Attorney General, which was ordered to identify the officers and provide their badge numbers and service addresses.
What happened
Santiago Gomez sued three unidentified officers under a federal civil-rights law, alleging they used excessive force while executing a parole warrant at his residence. The opinion says the officers entered on June 15, 2022, and used a Taser on him.
Because Gomez provided enough information to help identify the officers, the court directed the New York State Attorney General to determine their names, badge numbers, and service addresses. The Attorney General must provide that information to Gomez and the court within 60 days.
Judge Nelson S. Roman gave Gomez 30 days after receiving the information to file an amended complaint naming the officers. The court also denied permission to proceed without paying fees for an appeal, while the case itself remains subject to further screening.
The detailed version
- Gomez v. Doe 1 · No. 7:22-cv-05731
- Nelson Roman
- Aug. 12, 2022
Background
Santiago Gomez, who was detained at the Westchester County Jail, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that three unidentified officers of the New York State Department of Corrections and Community Supervision used excessive force against him. According to the complaint as described in the order, the officers entered Gomez’s residence on June 15, 2022, at about 6:00 a.m. to execute a parole warrant and used a Taser on him.
The court had previously granted Gomez permission to proceed without prepaying filing fees. The order explained that prisoners still must pay the filing fee over time even when granted that permission.
Identification of the Unnamed Defendants
The court applied the rule that a person representing himself is entitled to the district court’s help in identifying a defendant. It found that Gomez had provided enough information for the New York State Attorney General to identify the three John Doe investigators or officers.
The court ordered the New York State Attorney General, acting as attorney and agent for the New York State Department of Corrections and Community Supervision, to determine each officer’s identity, badge number, and address where the officer could be served. The Attorney General must provide that information to Gomez and the court within 60 days of the order.
Amended Complaint and Further Proceedings
Within 30 days after receiving the identification information, Gomez must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than add to, the original complaint. After Gomez files it, the court will screen the amended complaint and may direct the Clerk of Court and the U.S. Marshals Service to complete service documents and serve the named defendants.
The court directed the Clerk to mail the order and complaint to the New York State Attorney General and to send a copy of the order to Gomez.
Disposition
The order did not decide whether the alleged use of force violated Gomez’s rights. It directed the Attorney General to assist in identifying the unnamed defendants and established the next steps for an amended complaint. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.