Johnson v. The City of New York
- Rearden
- 1:23-cv-03091
- U.S. District Court · Southern District of New York
- 14
Johnson v. City of New York: Judge Rearden dismissed claims against the Department of Correction and ordered service and identification steps for the remaining defendants.
Glenn Johnson; the New York City Department of Correction; the City of New York; Correction Officer McCutchen, Shield # 18140; and the unnamed correction officer identified as John Doe.
What happened
In Johnson v. City of New York, Glenn Johnson, representing himself, alleged that City defendants failed to protect him from an assault by other inmates while he was detained at the Eric M. Taylor Center on Rikers Island.
The court dismissed Johnson’s claims against the New York City Department of Correction because the agency could not be sued in this action. The court requested that the City of New York and Correction Officer McCutchen waive service, and ordered the Law Department to identify the unnamed correction officer and provide service information. The case’s standard discovery rule also applies, and Johnson was referred to a legal clinic for possible limited assistance.
Judge Jennifer H. Rearden issued the order on June 26, 2023. The order did not decide whether the defendants failed to protect Johnson; it addressed the Department of Correction’s status and the steps needed to move the remaining claims forward.
The detailed version
- Johnson v. The City of New York · No. 1:23-cv-03091
- Rearden
- June 26, 2023
Background
Glenn Johnson, who was detained at the Anna M. Kross Center on Rikers Island, filed this self-represented action under 42 U.S.C. § 1983. He alleged that the defendants failed to protect him from an assault by several other inmates on July 1, 2022, while he was detained at the Eric M. Taylor Center on Rikers Island. The court had previously allowed him to proceed without prepaying the filing fee.
Department of Correction
The court dismissed Johnson’s claims against the New York City Department of Correction. It held that the Department, as an agency of the City of New York, could not be sued in this action.
Service and John Doe Defendant
The court requested that the City of New York and Correction Officer McCutchen, Shield # 18140, waive service of the summons. Because Johnson had provided enough information for the Department of Correction to identify the unnamed correction officer, the court ordered the New York City Law Department to determine that officer’s identity, shield number, and service address within 60 days. Within 30 days after receiving that information, Johnson must file an amended complaint naming the officer. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint after it is filed.
Discovery and Legal Clinic Referral
The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must serve responses to specified discovery requests within 120 days of the order and must quote each request verbatim in their responses. The court also referred Johnson to the New York Legal Assistance Group’s clinic for possible limited-scope assistance. The order explains that the clinic is not part of the court and that Johnson would remain responsible for his case if he received assistance.
Disposition
Judge Jennifer H. Rearden dismissed Johnson’s claims against the New York City Department of Correction. The court directed notice and mailing of the order and complaint, requested service waivers from the City of New York and Correction Officer McCutchen, ordered identification of the John Doe defendant, applied Local Civil Rule 33.2, and denied permission to proceed without prepaying fees for an appeal after certifying that an appeal would not be taken in good faith. The order did not resolve the merits of Johnson’s failure-to-protect allegations.
Read the full 14-page opinion on CourtListener, the free public archive maintained by the Free Law Project.