Jackson v. Stewart

Background

Taureen O’Keith Jackson, who is incarcerated at FCI Allenwood and proceeding without a lawyer, alleges that Annie Stewart, a nurse practitioner employed at FCI Otisville, sexually assaulted him. Jackson’s amended complaint names Stewart and asserts negligence claims against the United States under the Federal Tort Claims Act. The Bureau of Prisons, which had been named in the original complaint, was previously dismissed.

Jackson had permission to proceed without prepaying filing fees. Because of that status, the court directed that the U.S. Marshals Service handle service of the amended complaint and summonses on Stewart and the United States. Jackson remains responsible for ensuring service within 90 days after the summonses are issued and for notifying the court of any address change.

Rulings

Judge Kenneth M. Karas ruled as follows:

- Service: The Clerk of Court must prepare the required service forms, issue summonses for Stewart and the United States, and provide the necessary documents to the U.S. Marshals Service. - Appointment of counsel: Jackson’s request for pro bono counsel was denied without prejudice. The court found that he had not shown enough effort to obtain a lawyer independently and had not shown why appointed counsel was necessary. The court also found that his claims appeared to have some likelihood of merit for purposes of the application, but that his filings showed he could present the case and that the issues did not yet require counsel. Jackson may renew the request if circumstances change and he provides additional supporting information. - Limited-scope assistance: The court referred Jackson to the New York Legal Assistance Group’s Pro Se Clinic, a private organization that may provide limited-scope assistance. The clinic is not part of the court and cannot file documents for him. - Judicial notice: Jackson’s motion for judicial notice was denied because it included additional facts that ordinarily would be presented in an amended complaint. The order states that he may seek leave to file a second amended complaint if he wants those facts considered as part of his operative pleading. - Copying costs: Jackson’s motion to waive the costs of copies of his amended complaint and memorandum of law was denied. The court stated that permission to proceed without prepaying filing fees does not entitle him to free copies and that the statutory copying fee is 50 cents per page. - Discovery: Local Civil Rule 33.2 was applied to the case. Within 120 days after service of the complaint, the defendants must respond to the specified prisoner-case interrogatories and document requests and must quote each request verbatim in their responses. - Other motions: The court denied the motions listed at docket numbers 15, 17, and 19, and directed the Clerk to terminate the motions at docket numbers 3 and 21 as moot.

What the Order Did Not Decide

The order did not determine whether Stewart assaulted Jackson, whether the United States is liable for negligence, or whether Jackson will ultimately prevail. It was an order concerning service, representation, filing-related requests, and early discovery.