Garcia v. John Doe 1

Background

Algiers Ramon Sanders Garcia, who was detained at the Westchester County Jail, filed this action without a lawyer. He alleged excessive force and inadequate medical care. The defendants were identified as John Doe #1, D.E.A.; John Doe #2, D.E.A.; and John J. Kerwick, D.E.A. Garcia alleged that the two unidentified officers arrested him on November 29, 2021, and used excessive force against him. The opinion does not provide further factual details about the alleged force or medical care.

The court had previously granted Garcia permission to proceed without prepaying filing fees. Because he was a prisoner seeking relief against government employees, the court was required to screen the complaint and dismiss claims that were legally insufficient, frivolous, malicious, sought damages from an immune defendant, or fell outside the court’s jurisdiction. The court also explained that it must read complaints filed without a lawyer liberally, but those complaints still must provide enough facts to make a claim legally plausible.

Claims and Analysis

Because Garcia alleged that federal government employees violated his constitutional rights, the court treated the complaint as asserting claims under Bivens, the legal framework for certain constitutional damages claims against federal officials. The court’s discussion of personal involvement cited the requirement applicable to claims under 42 U.S.C. § 1983, which generally requires a defendant’s direct and personal participation in the alleged violation and does not impose liability merely because someone supervises another person.

As to John J. Kerwick, the court found that Garcia alleged no facts showing Kerwick’s personal involvement in the events underlying the claims. The court therefore dismissed Garcia’s claims against Kerwick without prejudice, allowing Garcia to name him in an amended complaint if Garcia could allege facts showing that involvement.

As to John Doe #1 and John Doe #2, the court found that Garcia had provided enough information for the Drug Enforcement Administration to identify the two officers who arrested him and allegedly used excessive force. Under the court’s procedure for helping a self-represented litigant identify an unknown defendant, the United States Attorney’s Office was ordered to determine each officer’s identity, badge number, and address for service and provide that information to Garcia and the court within 60 days of the order.

Required Next Steps and Disposition

Within 30 days after receiving the identification information, Garcia must file an amended complaint naming the two officers. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, direct the Clerk of Court to prepare documents needed for service by the United States Marshals Service.

The court dismissed without prejudice Garcia’s claims against John J. Kerwick, D.E.A. It did not dismiss the claims against the two unidentified officers at this stage. The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.