Allen v. Aitken
- Vincent Briccetti
- 7:23-cv-02149
- U.S. District Court · Southern District of New York
- 9
In Allen v. Aitken, Judge Briccetti ordered Garner Allen to amend his constitutional-rights complaint after the Attorney General identified the John Doe defendant.
Garner Allen, the three named correctional defendants, and Registered Nurse Volodymr Glukhan are affected. The order primarily requires Allen to file a complete amended complaint and provides for screening and possible service afterward.
What happened
Allen v. Aitken concerns Garner Allen’s claims under a federal civil-rights law alleging that correctional officials violated his constitutional rights. Allen was proceeding without a lawyer and without prepaying filing fees.
The court ordered Allen to file an amended complaint by July 5, 2023, naming Registered Nurse Volodymr Glukhan, whom the Attorney General identified as the previously unnamed defendant. The amended complaint must replace the original complaint and include all facts and documents needed to support Allen’s claims. The court warned that failing to file it could lead to dismissal, and said it would screen the amended complaint before directing service if necessary.
Judge Vincent L. Briccetti did not decide whether Allen’s constitutional claims were valid. The court also denied permission to appeal without prepaying fees and reminded Allen to report any change of address.
The detailed version
- Allen v. Aitken · No. 7:23-cv-02149
- Vincent Briccetti
- June 1, 2023
Background
Garner Allen, proceeding without a lawyer and without prepaying filing fees, brought claims under 42 U.S.C. § 1983 alleging violations of his constitutional rights. The complaint named Correctional Officer Deveron D. Aitken, Correctional Officer Jonelle S. Bissessar, Sergeant Kenneth L. James, and a John Doe nurse at Sing Sing Correctional Facility. The complaint was filed on March 13, 2023, and Allen later submitted a letter about an upcoming surgery that the court treated as a supplement to the complaint.
On April 6, 2023, the court directed the U.S. Marshals Service to serve the complaint and Allen’s letter on the three named defendants. The opinion states that the docket did not show that any of those defendants had been served. The court also directed the New York State Attorney General’s Office to identify the John Doe defendant and provide a service address. In a letter dated June 1, 2023, the Attorney General identified that defendant as Registered Nurse Volodymr Glukhan and provided an address for service.
Order
The court ordered Allen to file an amended complaint by July 5, 2023, using the attached form and including Glukhan’s full name. The amended complaint must completely replace, rather than supplement, the existing complaint. Allen was directed to include all information necessary for his claims but only facts and documents that he believes plausibly support a constitutional violation. The court reminded him that factual allegations must be true to the best of his knowledge, information, and belief.
The court warned that if Allen did not file the amended complaint by the deadline, it might dismiss the case for failure to prosecute or failure to follow a court order. After Allen files the amended complaint, the court will screen it and, if needed, direct the Clerk’s Office and the U.S. Marshals Service to take steps to serve the newly named defendant.
Additional Rulings and Effect
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied Allen permission to appeal without prepaying filing fees. It also required Allen to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so. The order did not decide the merits of Allen’s constitutional claims. Judge Vincent L. Briccetti signed the order.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.