Allen v. Aitken

Background

Garner Allen, who was incarcerated at Sing Sing Correctional Facility, brought a self-represented lawsuit under 42 U.S.C. § 1983 and state law. He seeks damages from Correctional Officer Deveron D. Aitken, Correctional Officer Jonelle S. Bissessar, Correctional Sergeant Kenneth L. James, and “John Doe,” an unidentified Sing Sing nurse. The court treated Allen’s later letter as a supplement to his complaint.

The court had previously allowed Allen to proceed without paying filing fees in advance. The order explained that, although prisoners must still pay the full filing fee over time, Allen could rely on the court and the U.S. Marshals Service to serve the defendants.

Service on the Identified Defendants

The court directed the Clerk of Court to issue summonses for Aitken, Bissessar, and James, complete the required service forms with their addresses, and provide the necessary papers to the U.S. Marshals Service. If service is not completed within 90 days after the summonses are issued, Allen should ask for more time to serve the defendants. The court also required Allen to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so.

Early Discovery

The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified discovery requests. Aitken, Bissessar, and James must serve responses to those requests within 120 days after service of process and must quote each request verbatim in their responses.

Identifying the John Doe Defendant

The court found that Allen provided enough information for the New York State Department of Corrections and Community Supervision to identify the unnamed nurse who allegedly examined or treated him at Sing Sing on or about November 27, 2022. The court directed the New York Attorney General, as the attorney and agent for that department, to determine the nurse’s identity and service address and provide the information to the court and Allen within 60 days.

Within 30 days after receiving that information, Allen must file an amended complaint naming the nurse. The amended complaint will replace, rather than supplement, the original complaint. The court will then screen the amended complaint and, if necessary, issue directions for serving the newly identified defendant and requiring that defendant to comply with Local Civil Rule 33.2.

Other Information

The court directed the Clerk to mail Allen an information package, a copy of the order, the complaint, and the supplemental letter to the New York Attorney General. The court also provided information about the New York Legal Assistance Group’s clinic for people handling civil cases without lawyers. The clinic is not part of the court, and Allen remains responsible for filing documents and meeting deadlines.

Disposition and Classification

The court entered an order of service. It directed service on Aitken, Bissessar, and James, directed those defendants to comply with Local Civil Rule 33.2, and directed the Attorney General to identify the John Doe defendant. The order did not resolve the merits of Allen’s federal or state-law claims. Judge Vincent L. Briccetti signed the order.