Griffin v. Corporation Counsel
- Vernon Broderick
- 1:22-cv-08521
- U.S. District Court · Southern District of New York
- 8
In Griffin v. City of New York, Judge Broderick ordered identification of a John Doe officer, service steps, and discovery responses in Griffin’s civil-rights case.
Jeremiah Jerome Griffin, the City of New York, the named correction officers, the unidentified John Doe correction officer, the New York City Department of Correction, and the New York City Law Department.
What happened
Jeremiah Jerome Griffin brought Griffin v. City of New York, et al., without a lawyer under a federal civil-rights law, claiming that defendants violated his constitutional rights. The operative pleading names the City of New York, four correction officers, and a John Doe correction officer. Griffin alleged that another detainee punched him while the Doe officer accompanied him at the Eric M. Taylor Center on June 10, 2022.
The court asked the City and the four named correction officers to waive formal service of the lawsuit. It also directed the New York City Law Department to identify the John Doe officer and provide that officer’s badge number and service address within 60 days. Within 30 days after receiving that information, Griffin must file a third amended complaint naming the officer. The court also ruled that Local Civil Rule 33.2 applies, requiring defendants to respond to specified discovery requests within 120 days.
Judge Vernon S. Broderick issued the order on February 17, 2023. The order did not decide whether Griffin’s constitutional claims were valid; it addressed identifying a defendant, service, amendment of the complaint, and discovery.
The detailed version
- Griffin v. Corporation Counsel · No. 1:22-cv-08521
- Vernon Broderick
- Feb. 17, 2023
Background
Jeremiah Jerome Griffin, who was detained at the Anna M. Kross Center on Rikers Island, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against people who violate constitutional rights while acting under state authority. The opinion says Griffin alleged that the defendants violated his federal constitutional rights.
The court had previously allowed Griffin to proceed without paying the filing fee in advance. Chief Judge Laura Taylor Swain later directed Griffin to file an amended complaint. Griffin then filed an amended complaint and, on January 18, 2023, a second amended complaint. The court stated that the second amended complaint was the operative pleading, meaning it was the complaint then governing the case.
The second amended complaint named the City of New York; Correction Officers Fatorma, Yakuba, Benoit Jones, and Capehart; and a John Doe correction officer. Griffin provided information indicating that the Department of Correction could identify the Doe officer who was working at the Eric M. Taylor Center on June 10, 2022, and was accompanying Griffin toward Housing Area 1 Main when Griffin was allegedly punched by another detainee.
Court’s Orders
The court requested that the City of New York and Correction Officers Fatorma, Yakuba, Benoit Jones, and Capehart waive service of summons. It directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of the order and to mail the order and complaint to the Law Department.
Under a procedure requiring court assistance to identify an unknown defendant, the court directed the New York City Law Department to determine the Doe officer’s identity, badge number, and address for service. The Law Department must provide that information to Griffin and the court within 60 days of the order. If the Doe officer is a current or former Department of Correction employee or official, the Law Department must state whether electronic waiver of service can be requested under the applicable electronic-service agreement. If the person worked at a Department of Correction facility but was not a current or former employee or official, the Law Department must provide a residential service address.
After receiving the information, Griffin must file a third amended complaint naming the Doe defendant within 30 days. The third amended complaint will replace, rather than supplement, the earlier complaint. The court stated that it will screen the third amended complaint and, if necessary, issue an order asking the newly identified defendant to waive service.
The court also ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and document requests. Defendants must serve their responses within 120 days of the order and must quote each request verbatim in their responses.
Disposition and Significance
This was an order concerning service, identification of a defendant, amendment of the pleading, and discovery. The court did not decide the merits of Griffin’s constitutional claims and did not state whether the claims could ultimately proceed against any defendant.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.