Reyes v. City of New York

Background

Dequan Reyes, who is incarcerated at the George R. Vierno Center, filed this self-represented action under 42 U.S.C. § 1983 and other federal and state laws. He asserts claims arising from events since 2021 during his incarceration at the George R. Vierno Center and West Facility on Rikers Island. The defendants include the City of New York, Mayor Eric Adams, numerous New York City Department of Correction officers and employees, and several unnamed defendants.

The court had previously granted Reyes permission to proceed without prepaying filing fees. This order addresses service of the lawsuit, identification of unnamed defendants, and initial discovery. It does not decide the merits of Reyes’s claims.

Service on Named Defendants

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department of the order. The court requested that the City and the listed Department of Correction officials and employees waive service of summons.

Because Reyes was permitted to proceed without prepaying fees, the court directed the Clerk to prepare the paperwork needed for the U.S. Marshals Service to serve Mayor Eric Adams. The Clerk was instructed to issue a summons for Adams, complete the required service forms with his address, and deliver the necessary documents to the Marshals Service.

Identification of Unnamed Defendants

Reyes provided enough information for the New York City Law Department to identify the unnamed officers and captain involved in three alleged incidents: an incident on May 18, 2021; an inmate assault allegedly fomented by officers on October 10, 2022; and a medical-clinic visit on or about October 13, 2022.

The court ordered the New York City Law Department to determine each unnamed defendant’s identity, badge number, and service address and provide that information to Reyes and the court within 60 days. Within 30 days after receiving the information, Reyes must file an amended complaint naming the defendants. The amended complaint will replace the original complaint rather than add to it. The court stated that it will screen the amended complaint and, if necessary, issue another order concerning service.

Discovery and Clinic Referral

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer standard court-ordered interrogatories and requests for documents. The defendants must serve their responses within 120 days of the order and must quote each discovery request verbatim in their responses.

The court also informed Reyes about the New York Legal Assistance Group’s clinic for people representing themselves in civil cases in the Southern District of New York. The clinic is a private organization and is not part of the court. Reyes remains responsible for filing documents and meeting deadlines.

Disposition

The court entered the order of service and issued the service, identification, discovery, and case-management directions described above. It certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not resolve whether Reyes’s underlying claims are legally valid.