Jacob v. CITY OF NEW YORK

Background

Sedgrick Jacob, III, filed the action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional or federal rights by state or local government actors. Jacob was in pretrial detention at the Vernon C. Bain Center in Bronx, New York. He alleges that correction officers failed to protect him from an assault by other detainees. The complaint identified the officers as John Doe 1, John Doe 2, and Captain John Doe.

The Chief Judge had previously allowed Jacob to proceed without prepaying the filing fee. The Prison Litigation Reform Act required the court to screen the complaint because it sought relief against governmental entities or employees. At screening, the court had to dismiss claims that were frivolous, malicious, failed to state a claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction.

Department of Correction

The court dismissed all claims against the New York City Department of Correction. It relied on the New York City Charter and prior decisions explaining that a New York City agency generally is not an entity that can be sued. The opinion did not decide whether Jacob’s failure-to-protect allegations were legally valid on their merits.

City of New York

Because Jacob was representing himself and clearly intended to assert claims against the City, the court treated the complaint as asserting claims against the City of New York. Under Federal Rule of Civil Procedure 21, the Clerk of Court was directed to replace the Department of Correction with the City in the caption. The court stated that this change was without prejudice to any defenses the City might later assert.

The court requested that the City waive service of the summons. It also directed the Clerk to notify the Department of Correction and the New York City Law Department and to mail the order and complaint to the Law Department.

Unnamed Defendants

The court relied on a rule requiring assistance for a self-represented litigant who needs help identifying a defendant. It found that Jacob had provided enough information for the Department of Correction to identify the three John Doe defendants. The New York City Law Department was ordered to determine each person’s identity, badge number, and address for service and provide that information to Jacob and the court within 60 days of the order.

Within 30 days after receiving the information, Jacob must file an amended complaint naming the John Doe defendant or defendants. The amended complaint will replace, rather than add to, the original complaint. The court stated that it will screen the amended complaint and may later issue another order concerning waiver of service.

Disposition

Judge John P. Cronan dismissed the claims against the New York City Department of Correction, directed that the City of New York be added as a defendant, requested waiver of service, and ordered identification of the three John Doe defendants. The court also certified that any appeal would not be taken in good faith and denied Jacob permission to proceed without prepaying fees for purposes of an appeal.