Jude v. New York State Office of Mental Health
- Nelson Roman
- 7:22-cv-07441
- U.S. District Court · Southern District of New York
- 12
In Jude v. New York State Office of Mental Health, Judge Roman ordered service and identification steps for Steven Jude’s prisoner lawsuit without deciding its claims.
Steven Jude, the identified defendants, the unidentified defendant Morrow, the New York State Attorney General, the Clerk of Court, and the U.S. Marshals Service.
What happened
Steven Jude, who is incarcerated and representing himself, sued the New York State Office of Mental Health and others over alleged prison conditions and disability discrimination. He invoked federal civil-rights, disability, rehabilitation, and New York prison-confinement laws.
Because Jude was allowed to proceed without paying filing fees up front, the court ordered the Clerk and U.S. Marshals Service to prepare and serve the listed defendants. The court also directed the New York State Attorney General to identify a defendant named Morrow and provide a service address.
The order did not decide whether Jude’s claims are valid. Judge Nelson S. Roman required Jude to file an amended complaint naming Morrow within 30 days after receiving the identification information, and stated that the amended complaint would later be reviewed.
The detailed version
- Jude v. New York State Office of Mental Health · No. 7:22-cv-07441
- Nelson Roman
- Nov. 2, 2022
Background
Steven Jude, who was incarcerated at Five Points Correctional Facility and represented himself, brought claims under 42 U.S.C. § 1983, the Americans with Disabilities Act, the Rehabilitation Act, and the Humane Alternatives to Long-Term Solitary Confinement Act. He alleged that, while confined at Sullivan Correctional Facility, he experienced unconstitutional conditions of confinement and discrimination based on sensory, physical, and mental disabilities. The court had previously allowed him to proceed without paying filing fees up front.
Service on Identified Defendants
The court explained that a person allowed to proceed without paying filing fees up front may rely on the court and the U.S. Marshals Service to serve the defendants. It directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each identified defendant, issue summonses, and provide the Marshals Service with the documents needed for service.
The service order covered the New York State Office of Mental Health; the New York State Department of Corrections and Community Supervision; Ann Marie Sullivan; Danielle Dill; Gregory Savage; Anthony J. Annucci; Bryant Hilton; Jeff McKoy; Stacie Bennett; Wayne Jordan; and the Medical Director of the Department of Corrections and Community Supervision. The court stated that if service was not completed within 90 days after the summonses were issued, Jude should request more time. It also required Jude to notify the court in writing of any address change and warned that the case could be dismissed if he failed to do so.
Unidentified Defendant
The complaint provided enough information for the Department of Corrections and Community Supervision to identify a defendant named Morrow, described in the opinion as a commissioner or hearing officer. The court ordered the New York State Attorney General, which the opinion describes as the Department’s attorney and agent, to determine Morrow’s identity and service address and provide that information to Jude and the court within 60 days of the order.
Within 30 days after receiving that information, Jude must file an amended complaint giving Morrow’s full name and service address. The amended complaint will replace the original complaint rather than add to it. After the amended complaint is filed, the court will review it and, if needed, issue further service instructions.
Disposition and Scope of the Order
The court ordered the Clerk to issue summonses and arrange service for the identified defendants, mail the order and complaint to the New York State Attorney General, and send Jude an amended-complaint form and information package. Judge Nelson S. Roman’s order addressed service and identification procedures only; it did not decide the merits of Jude’s allegations or claims.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.