Alli v. Worrell

Background

Umar Alli, who was incarcerated at Attica Correctional Facility, filed a self-represented lawsuit seeking damages. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against state or local actors, and under state law. The defendants named in the complaint were Correction Officer Worrell, two groups of unidentified “John Doe” probe-team officers, and the City of New York.

The order states that an earlier order dated August 9, 2023, allowed Alli to proceed without paying filing fees in advance. The present order is dated June 6, 2023, creating a date inconsistency in the opinion text.

Directions concerning identified 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. It requested that Correction Officer Worrell and the City of New York waive service of the summonses.

The court also held that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery. Worrell and the City were directed to serve responses to the standard interrogatories and document requests within 120 days of the order. Their responses must quote each discovery request verbatim.

Directions concerning unidentified defendants

The court explained that a self-represented litigant is entitled to the district court’s assistance in identifying unnamed defendants. It found that Alli had provided enough information for the Department of Correction to identify the officers who were members of probe teams that removed him from his cell in the North Infirmary Command on Rikers Island on February 18, 2022, and/or February 23, 2022.

The Corporation Counsel of the City of New York was directed to determine the identities, badge numbers, and service addresses of the unnamed defendants and provide that information to Alli and the court within 60 days. If an unnamed defendant was a current or former Department of Correction employee or official, the Corporation Counsel was directed to note whether electronic service-waiver procedures could be used. For another person who worked or had worked at a Department of Correction facility, the Corporation Counsel was directed to provide a residential service address.

Within 30 days after receiving the identifying information, Alli must file an amended complaint naming the newly identified defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, issue additional service and discovery directions.

Legal assistance and disposition

The court informed Alli that he could seek limited-scope assistance from the New York Legal Assistance Group’s clinic for people who are representing themselves in civil cases. The clinic is not part of the court, and Alli would remain responsible for filing his own court papers unless separate representation were arranged.

The court ordered service-related, discovery-related, and identification-related steps, but it did not decide the merits of Alli’s federal or state-law claims. Judge John G. Koeltl also directed the Clerk to mail Alli an information package, the order, and the complaint to the City’s Corporation Counsel, and attached an amended-complaint form and NYLAG materials.