Carrion v. Kopp

Background

Gilbert Vertecon Carrion brought this pro se action under 42 U.S.C. § 1983, a federal law that allows claims for constitutional violations by state actors. He alleged that events occurred while he was incarcerated at Green Haven Correctional Facility. Carrion alleged that, on January 1, 2022, Sgt. Trish Johnson told C.O. Ricardo to assault him. He further alleged that Ricardo falsely reported that Carrion threw a lunch tray and that Ricardo’s use of excessive force caused contusions to Carrion’s right eye and left cheek and knocked him unconscious.

The court had previously allowed Carrion to proceed without prepaying the filing fee. It screened the complaint as required for such cases, considering whether any claim was frivolous, malicious, failed to state a claim, or sought relief from an immune defendant. The court also applied the requirement that a complaint provide enough facts to make a claim plausible.

Claims Against Six Defendants

The court concluded that the complaint did not provide enough facts to determine what Kopp, Griffin, Doulan, Linquenious, Miller, and Martin allegedly did or failed to do. The court also said it was unclear whether the claims against those defendants were timely. It therefore treated the allegations as conclusory and dismissed without prejudice Carrion’s claims against those six defendants for failure to state a claim.

Because Carrion was proceeding without a lawyer, the court granted him 60 days’ leave to amend his complaint to state valid claims against those defendants. The order therefore allowed those claims to be repleaded; it did not resolve their underlying merits.

Service and Discovery

The court directed the Clerk of Court to issue summonses for C.O. Ricardo and Sgt. Trish Johnson, complete the required service forms with their addresses, and deliver the necessary documents to the U.S. Marshals Service. The court extended the service period to 90 days after the summonses were issued. It also directed Carrion to notify the court of any address change.

Local Civil Rule 33.2 applies to the action. Under the order, the defendants must serve responses to the specified prisoner-case interrogatories and document requests within 120 days after service of the complaint.

Other Dispositions

The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Judge Kenneth M. Karas entered the order on February 28, 2023.

Result

The order dismisses without prejudice the claims against Kopp, Griffin, Doulan, Linquenious, Miller, and Martin; grants Carrion 60 days’ leave to amend those claims; directs service on Ricardo and Johnson; and applies Local Civil Rule 33.2.