Jude v. Jane Morrow

Background

Steven Jude, who was incarcerated at Five Points Correctional Facility when the order was issued, filed a self-represented lawsuit under 42 U.S.C. § 1983 and 28 U.S.C. § 1367. He alleged that, while confined at Sullivan Correctional Facility, the defendants used excessive force, harassed and retaliated against him, and violated his right to due process. The court had previously allowed Jude to proceed without prepaying filing fees.

Service on Named Defendants

Because Jude was allowed to proceed without prepaying fees, the court ordered the Clerk of Court to issue summonses and prepare U.S. Marshals Service forms for Virginia Morrow; Sergeant Courtney E. Ferris; and Officers Christopher J. Kinne, Damian Cruz, George Gilmore, Jr., George Gilmore, Sr., Adam Houser, Timothy D. Fitzpatrick, John H. Kratz, and Paul Holland. The Clerk was directed to provide the U.S. Marshals Service with the documents needed to serve those defendants.

The court stated that service must occur within 90 days after the summonses are issued. If service is not completed by then, Jude should request more time. The court also directed Jude to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so.

Correction of Defendant’s Name

Although Jude had sued “Jane” Morrow, the court stated that her first name was Virginia and directed the Clerk to correct the docket under Federal Rule of Civil Procedure 21.

Unidentified Defendant

Jude also sought to sue a John Doe officer at Sullivan Correctional Facility. Because a self-represented litigant is entitled to court assistance in identifying a defendant, the court ordered the New York State Attorney General to determine the officer’s identity and service address and provide that information to Jude and the court within 60 days.

Within 30 days after receiving that information, Jude must file an amended complaint giving the John Doe defendant’s full name and service address. The amended complaint will replace, rather than supplement, the original complaint. The court will then screen the amended complaint and, if necessary, direct the Clerk to arrange service on the newly identified defendant.

Discovery

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and requests for production of documents. The defendants must serve their responses within 120 days after service of the complaint and must quote each discovery request verbatim in their responses.

Disposition and Effect

The order directed administrative and service steps so the case could proceed against the named defendants and potentially against the unidentified officer. It did not resolve the merits of Jude’s allegations or determine whether any defendant violated his rights.