Murray v. City of New York
- Katherine Failla
- 1:23-cv-00458
- U.S. District Court · Southern District of New York
- 17
In Murray v. City of New York, Judge Failla dismissed claims for others but continued Robert Murray’s excessive-force case through identification and service steps.
Robert L. Murray’s claims proceed through defendant-identification, amendment, service, and discovery steps. Claims asserted on behalf of Shaquan Butler and others were dismissed without prejudice. The City of New York, the New York City Law Department, NYC Health + Hospitals, and the unnamed correctional and medical staff were directed or asked to take specified procedural steps.
What happened
In Murray v. City of New York, Robert L. Murray brought a self-represented civil-rights case under a federal law allowing suits against state or local officials. He alleged that correctional and medical staff used excessive force against him and denied him medical care. He also attempted to assert claims for Shaquan Butler and others.
The court dismissed without prejudice the claims brought on behalf of Butler and others because Murray had signed the complaint and a self-represented person cannot represent other people or serve as a class representative. The court directed the City of New York and NYC Health + Hospitals to identify the unnamed correctional and medical staff, requested that the City waive formal service, and required defendants to respond to specified discovery requests.
Judge Katherine Polk Failla referred Murray to a New York Legal Assistance Group clinic and required him to file an amended complaint naming the identified defendants. The order did not decide whether the alleged excessive force or denial of medical care occurred, and it denied fee-free status for any appeal from the order.
The detailed version
- Murray v. City of New York · No. 1:23-cv-00458
- Katherine Failla
- Mar. 8, 2023
Background
Robert L. Murray, also identified in the caption as Leviticus Bomfet Lucfer, filed this self-represented action under 42 U.S.C. § 1983. He alleged that defendants used excessive force against him. The opinion states that the alleged events occurred on October 3, 2022, in intake areas at the North Infirmary Command and the George R. Vierno Center, and that defendants then denied him medical care for his injuries. The defendants included the City of New York and several unnamed correctional officers, department officials, and Correctional Health Services staff members.
Murray was detained at the George R. Vierno Center on Rikers Island. The court had previously allowed him to proceed without paying filing fees in advance, although the order notes that prisoners remain responsible for the filing fee under the applicable statute.
Claims on Behalf of Other People
Murray’s complaint also referred to Shaquan Butler and described the matter as a class action. Butler did not sign the complaint. The court held that a self-represented litigant may represent only himself and may not bring claims for another person or act as a class representative. The court therefore construed the action as asserting claims only for Murray and dismissed without prejudice all claims asserted on behalf of Butler and others.
Unnamed Defendants and Service
The court concluded that the complaint appeared to provide enough information for the government to identify the unnamed defendants involved in the alleged events. It directed the New York City Law Department to identify the unnamed correctional officers, their badge numbers, and service addresses. It directed NYC Health + Hospitals to identify the unnamed medical staff members and provide service addresses. The Law Department and NYC Health + Hospitals were required to provide the information to Murray and the court within 60 days of the order.
Murray was required to file an amended complaint naming the identified defendants within 30 days after receiving the information. The court stated that the amended complaint would replace, rather than supplement, the original complaint, and that the court would screen the amended complaint before directing service on named defendants. The court requested that the City of New York waive service of the summons.
Discovery and Legal Assistance
The court applied Local Civil Rule 33.2 to the action. Under that rule, defendants must respond to specified court-ordered discovery requests within 120 days after service of the complaint and must quote each request verbatim in their responses.
The court referred Murray to the New York Legal Assistance Group’s clinic for people litigating civil cases without lawyers. The order explained that the clinic is operated by a private organization, is not part of the court, and provides limited-scope assistance rather than automatically becoming counsel of record.
Disposition
The court dismissed without prejudice all claims asserted on behalf of Shaquan Butler and others. It directed court notifications and mailing of the order and complaint to the relevant city offices and NYC Health + Hospitals, requested that the City waive service, applied Local Civil Rule 33.2, and referred Murray to the clinic. The court certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the merits of Murray’s allegations against the unnamed defendants.
Read the full 17-page opinion on CourtListener, the free public archive maintained by the Free Law Project.