Lovett v. Bennett

Background

Steven J. Lovett, who is incarcerated at Sullivan Correctional Facility and is proceeding without a lawyer, filed this action against Acting Sullivan Superintendent Susie Bennett and Correction Officers Shane Topel, Kevin Darling, and Felix Santos. The court construed his amended complaint as asserting claims under 42 U.S.C. § 1983, a federal law that allows claims against state officials for violating federal rights. Lovett seeks damages and a transfer from Sullivan.

The opinion states that Lovett appears to allege that unidentified officials of the New York State Department of Corrections and Community Supervision transferred him to Sullivan in retaliation for his testimony in an earlier federal civil action involving Sullivan staff.

Rulings and directives

The court directed service of the amended complaint on Bennett, Topel, Darling, and Santos. Because Lovett was previously allowed to proceed without prepaying filing fees, the court directed the Clerk of Court to prepare summonses and service forms and to provide the necessary documents to the U.S. Marshals Service. If service is not completed within 90 days after the summonses are issued, Lovett must request more time. The court also warned that he must notify the court of any address change and that the action could be dismissed if he does not.

Under Federal Rule of Civil Procedure 21, the court directed the Clerk to add “John Doe DOCCS official” as a defendant. The court stated that this addition is without prejudice to defenses that the official may later assert.

The court directed the New York Attorney General, as DOCCS’s attorney and agent, to identify the official responsible for Lovett’s recent transfer and provide that official’s service address to Lovett and the court within 60 days. Within 30 days after receiving that information, Lovett must file a second amended complaint naming the newly identified defendant or defendants. That complaint will replace, rather than supplement, the earlier complaints. The court will screen the second amended complaint and, if necessary, issue another service order.

What the order did not decide

This is an order about service and identifying a defendant. The court did not decide whether Lovett’s retaliation or other claims have merit, and it did not enter judgment on those claims.

Disposition

The court directed service on the named defendants, directed the addition of “John Doe DOCCS official” as a defendant, and granted Lovett leave to file a second amended complaint. Judge Nelson S. Roman signed the order on September 13, 2022.