Wilkerson v. Annucci
- Kenneth Karas
- 7:22-cv-07804
- U.S. District Court · Southern District of New York
- 6
In Wilkerson v. Annucci, Judge Karas ordered service of the complaint and identification of unnamed defendants without deciding the claims.
Mali Wilkerson, the named defendants, the four unnamed John and Jane Doe defendants, the New York Attorney General, the Department of Corrections and Community Supervision, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Wilkerson v. Annucci, Mali Wilkerson, who is incarcerated, sued correctional and medical personnel under a federal civil-rights law, alleging that staff violated his rights while he was at Green Haven Correctional Facility.
Because Wilkerson was allowed to proceed without paying court fees upfront, the court directed the Clerk and U.S. Marshals Service to issue and serve the complaint on the named defendants. The court also ordered the New York Attorney General to identify four unnamed John and Jane Doe defendants so Wilkerson can name them in an amended complaint.
Judge Kenneth M. Karas did not decide whether Wilkerson’s allegations were legally valid. He ordered the service and identification steps, set deadlines for those steps, and directed that any amended complaint would later be reviewed by the court.
The detailed version
- Wilkerson v. Annucci · No. 7:22-cv-07804
- Kenneth Karas
- Nov. 9, 2022
Background
Mali Wilkerson brought this lawsuit under 42 U.S.C. § 1983, a federal law that allows claims against state actors for alleged violations of federal rights. He alleges that correctional staff violated his rights while he was incarcerated at Green Haven Correctional Facility. The defendants include employees of Green Haven, medical providers, and employees of the New York Department of Corrections and Community Supervision. Wilkerson also named four John and Jane Doe defendants whose identities were not known.
Wilkerson is proceeding without paying the filing fees upfront. The opinion states that prisoners remain responsible for paying the full filing fee even when granted that permission.
Service on the Named Defendants
Because Wilkerson was permitted to proceed without prepaying fees, the court ordered the Clerk of Court to issue summonses and complete the U.S. Marshals Service process forms for the named defendants. The Clerk must give the necessary documents to the Marshals Service so it can serve the defendants.
The court stated that service must occur within 90 days after the summonses are issued. If the complaint is not served within that period, Wilkerson should request more time. He must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Identifying the Doe Defendants
The court found that Wilkerson had provided enough information for the Department of Corrections and Community Supervision to identify the four unnamed defendants. It ordered the New York Attorney General, identified in the opinion as the attorney and agent for that department, to determine their identities and service addresses within 60 days of the order.
Within 30 days after receiving that information, Wilkerson must file an amended complaint naming the Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, direct the Clerk to prepare service documents for the newly named defendants.
Disposition
The court ordered service of the complaint on the named defendants and ordered the Attorney General to identify the four Doe defendants. It did not decide the merits of Wilkerson’s civil-rights allegations or determine whether any defendant violated his rights.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.