Bright v. Irman Russo, Annucci
- Nelson Roman
- 7:18-cv-11111
- U.S. District Court · Southern District of New York
- 3
In Bright v. Annucci, Judge Roman ordered the New York Attorney General’s office to find Nurse Schmidt’s address for service in Bright’s civil-rights case.
Willie Bright, Nurse M. Schmidt, the New York Attorney General’s office, and the U.S. Marshals Service were affected. The order required the New York Attorney General’s office to locate Schmidt’s service address so that service could be attempted.
What happened
Bright v. Annucci concerns Willie Bright’s lawsuit under a federal civil-rights law against multiple defendants. Bright, who is representing himself, added Nurse M. Schmidt as a defendant in his second amended complaint.
The Marshals Service could not serve Schmidt at Green Haven Correctional Facility because she no longer worked there. The court explained that self-represented litigants are entitled to help identifying defendants and directed the New York Attorney General’s office to determine where Schmidt could be served.
Judge Nelson S. Roman ordered the New York Attorney General’s office to provide Schmidt’s service address to Bright and the court within 60 days, or to say that more information from Bright was needed. The court said it would issue a service order after receiving the information.
The detailed version
- Bright v. Irman Russo, Annucci · No. 7:18-cv-11111
- Nelson Roman
- Feb. 14, 2023
Background
Willie Bright filed this federal civil-rights action under 42 U.S.C. § 1983 against multiple defendants. The opinion states that Bright is proceeding without a lawyer. The operative pleading is his Second Amended Complaint, filed on December 3, 2021, which added Nurse M. Schmidt as a defendant.
The court previously issued an order directing service on Schmidt. The U.S. Marshals Service attempted to serve her at Green Haven Correctional Facility, but the service was unsuccessful because Schmidt was not employed there. Bright’s complaint alleged that the New York Department of Corrections and Community Supervision sent Schmidt to Green Haven to treat him.
Order Regarding Service
The court relied on a rule requiring a district court to assist a self-represented litigant in identifying a defendant. It ordered the New York Attorney General’s office, identified in the opinion as the attorney and agent for the Department of Corrections and Community Supervision, to determine the address where Schmidt could be served.
The New York Attorney General’s office was ordered to provide that information to Bright and the court within 60 days of the order. If it needed additional information from Bright to determine Schmidt’s address, it was directed to inform the court. After receiving the information, the court stated that it would issue an order directing service on Schmidt at the provided address.
Disposition
The court directed the New York Attorney General’s office to ascertain Schmidt’s service address and provide it to Bright and the court within 60 days. The clerk was also directed to mail Bright a copy of the order and record proof of mailing on the docket. The order did not decide the merits of Bright’s civil-rights claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.