Butler v. City of New York
- Vyskocil
- 1:23-cv-00455
- U.S. District Court · Southern District of New York
- 5
In Butler v. City of New York, Judge Vyskocil ordered identification of unnamed defendants and dismissed Butler’s claims for others without prejudice.
Shaquan Butler, whose own excessive-force allegations were subject to further identification and screening; Robert L. Murray and others, whose asserted claims were dismissed without prejudice; the City of New York, the New York City Department of Correction, the New York City Law Department, and the unnamed defendants, who were directed or asked to take steps concerning identification, service, or discovery.
What happened
In Butler v. City of New York, Shaquan Butler, who was detained at the George R. Vierno Center, filed a self-represented lawsuit under a federal civil-rights law alleging excessive force. Although Robert L. Murray was listed as a second plaintiff, he did not sign the complaint or submit required forms, and the court treated Butler as the only plaintiff.
The court ordered the New York City Law Department to identify the unnamed defendants and provide their badge numbers and service addresses within 60 days. Butler must then file an amended complaint naming them within 30 days after receiving that information. The court also requested that the City waive formal service and required responses to standard prisoner-case discovery requests.
Judge Vyskocil denied the request to bring claims for Robert L. Murray and others and dismissed those claims without prejudice. The order did not decide whether Butler’s excessive-force allegations were valid. The court also denied permission to proceed without paying filing fees for an appeal from this order.
The detailed version
- Butler v. City of New York · No. 1:23-cv-00455
- Vyskocil
- Apr. 4, 2023
Background
Shaquan Butler filed this self-represented lawsuit under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local officials. Butler alleged that the defendants used excessive force against him on December 29, 2022, in the intake area of the George R. Vierno Center. He was detained there when the opinion was issued.
Robert L. Murray appeared in the caption as a second plaintiff, and the complaint referred to a possible class action. Murray did not sign the complaint, submit an application to proceed without prepaying filing fees, or submit the required prisoner authorization. The court therefore treated Butler as the sole plaintiff.
Screening and claims for others
Because Butler was a prisoner proceeding without prepaying fees, the court reviewed the complaint under the Prison Litigation Reform Act. That screening process requires dismissal of claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s jurisdiction. The court also explained that self-represented pleadings are read liberally but still must provide enough facts to make a claim legally plausible.
The court denied Butler’s request to bring claims for Robert L. Murray and other people. A person who is not a lawyer cannot represent other individuals or serve as a class representative in federal court. The court therefore dismissed without prejudice any claims Butler asserted on behalf of Murray and others. “Without prejudice” means those claims were not barred from being brought again on that basis.
Unnamed defendants and service
The court concluded that the complaint provided enough information for the New York City Department of Correction to identify the John and Jane Doe defendants whom Butler alleged used excessive force. The New York City Law Department was ordered to determine each person’s identity, badge number, and address for service and provide that information to Butler and the court within 60 days of the order.
Within 30 days after receiving that information, Butler must file an amended complaint naming the Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, issue a later order concerning service. The court requested that the City of New York waive service of the summons and directed the Clerk to send the order and complaint to the New York City Law Department.
Discovery and disposition
The court held that Local Civil Rule 33.2 applies. Under that rule, within 120 days after service of the complaint, the defendants must respond to specified prisoner-case interrogatories and document requests and quote each request verbatim in their responses.
Judge Mary Kay Vyskocil’s order dismissed Butler’s claims on behalf of Robert L. Murray and others without prejudice. It did not determine the merits of Butler’s own excessive-force allegations. The court also certified that an appeal would not be taken in good faith and denied Butler permission to proceed without prepaying fees for an appeal from this order.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.