Alli v. Renee

Background

Umar Alli proceeded without a lawyer and sued defendants identified in the caption as including “G.R.V.C. Warden Renee” and others. His complaint described unidentified defendants whom he sought to sue: correction officers who became involved in a physical altercation with him at the George R. Vierno Center on October 7, 2021, and the immediate supervisor of those officers, identified as a correction captain.

Court’s Action

The court relied on Valentin v. Dinkins, which provides that a person representing himself is entitled to assistance from the district court in identifying an unnamed defendant. The court found that Alli had supplied enough information for the Department of Correction to identify the unnamed defendants.

The court ordered the Law Department, which represents the Department of Correction, to determine each unidentified defendant’s identity, badge number, and address where that person could be served. If a defendant was a current or former Department of Correction employee or official, the Law Department was instructed to note that an electronic request for a service waiver could be made under the electronic-service agreement for cases involving Department of Correction defendants, instead of personal service at a Department of Correction facility. If a defendant worked or had worked at a Department of Correction facility but was not a current or former Department of Correction employee or official, the Law Department had to provide a residential service address.

Deadline and Disposition

Judge Sarah Netburn required the Law Department to provide the information to Alli and the court within 30 days of the order. This was a procedural order addressing identification and service of unnamed defendants; the opinion did not decide the underlying claims.