Herbert v. SanFeliz
- Kenneth Karas
- 7:22-cv-04299
- U.S. District Court · Southern District of New York
- 2
In Herbert v. SanFeliz, Judge Karas ordered identification of three defendants in Herbert’s civil-rights case.
Jeremiah Folsom Herbert; the three individuals he sought to sue—Christina SanFeliz, Devinnie M. Depuy, and Christopher Fox; and the New York State Attorney General, who was ordered to identify them.
What happened
Jeremiah Folsom Herbert, who was incarcerated in Sullivan County Jail, brought an unrepresented civil-rights case under federal law concerning his search and arrest. He named Christina SanFeliz, Devinnie M. Depuy, Christopher Fox, and others as defendants.
The court ordered the New York State Attorney General to find SanFeliz’s, Depuy’s, and Fox’s identities, badge numbers, and addresses where they could be served. The Attorney General must provide that information to Herbert and the court within 60 days.
Judge Kenneth M. Karas also directed the Clerk of Court to mail the order to Herbert and to send the order and complaint to the New York State Attorney General. This order did not decide whether the defendants violated Herbert’s rights.
The detailed version
- Herbert v. SanFeliz · No. 7:22-cv-04299
- Kenneth Karas
- Mar. 31, 2023
Background
Jeremiah Folsom Herbert, who was incarcerated in Sullivan County Jail, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that the defendants violated his rights during his search and arrest. The court had previously granted his request to proceed without prepaying the filing fee.
Herbert sought to sue Christina SanFeliz, Devinnie M. Depuy, and Christopher Fox, but the order indicates that identifying and serving these defendants required assistance.
Court’s Action
Relying on Valentin v. Dinkins, the court explained that an unrepresented litigant is entitled to the district court’s assistance in identifying a defendant. The court ordered the New York State Attorney General, as the attorney and agent for the New York State Police, to determine SanFeliz’s, Depuy’s, and Fox’s identities, badge numbers, and addresses where they could be served.
The Attorney General must provide that information to Herbert and the court within 60 days of the order. The Clerk of Court was directed to mail Herbert a copy of the order and to mail the order and complaint to the New York State Attorney General. The order did not decide the merits of Herbert’s allegations about the search or arrest.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.