Williams v. City of New York

Background

Alexander Williams, Jr. brought this action under 42 U.S.C. § 1983, a federal civil-rights statute, alleging that the defendants violated his constitutional rights. He was detained at West Facility on Rikers Island and was proceeding pro se, meaning without a lawyer. The court had previously allowed him to proceed without prepaying filing fees.

Williams filed an amended complaint, which the court identified as the operative pleading. The order did not resolve the merits of his constitutional claims.

Service on Yves Duverne

Because Williams was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service process form, issue a summons, and provide the necessary documents to the Marshals Service so it could serve Yves Duverne. The court understood Williams’s reference to “Dr. Duvern” to mean Yves Duverne, a physician assistant.

The court stated that service should occur within 90 days after the summons is issued. If service did not occur within that period, Williams should request an extension. The court also required Williams to notify it in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Waiver of Service

The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department. It requested that the following defendants waive service of summons: the City of New York; Wardens Jean Rene and Cortz; Security Captain Gaines (or Ganies); Captains Wigfall and Fernandez; Deputy Wardens Flemming, Jonelle Shivraj, Joanne Matos, Tiffany Morales, and Lisa Barneby; Correction Officers Kevin Young, Andrew (or Andre) Hickson, Kevin White, Preston Ritter, and Graves; Emergency Services Unit Officers Richardson, Shield No. 254, and Rahman, Shield No. 11383; Department of Correction Commissioner Louis Molina; and New York City Mayor Eric Adams.

Identifying Unnamed Defendants

The court applied a procedure requiring assistance in identifying unnamed defendants. It ordered the New York City Law Department, as the Department of Correction’s attorney and agent, to determine the identities and badge numbers of the unnamed Special Response Team members Williams described as defendants. The Law Department also had to provide service addresses to Williams and the court within 60 days of the order.

Within 30 days after receiving that information, Williams had to file a second amended complaint naming the unnamed defendants. The court stated that the second amended complaint would replace, rather than supplement, the earlier complaints. The court would screen that complaint and, if necessary, issue another order requesting waivers of service.

Discovery

The court ruled that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to answer specified, court-ordered discovery requests. Defendants had to serve responses to the standard interrogatories and document requests within 120 days after service of the amended complaint and had to quote each request verbatim in their responses.

Disposition

The order directed service on Yves Duverne, requested waivers of service from the other named defendants, directed identification of the unnamed Special Response Team members, and required compliance with Local Civil Rule 33.2. Judge Jennifer H. Rearden did not decide the merits of Williams’s constitutional-rights claims in this order.