Salley v. Capra

Background

Sean Salley, who is incarcerated at Shawangunk Correctional Facility and is proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleges that Michael Capra, Mr. Thorpe, C. Nixon, Elane Velez, T. Alam, L. Jackson-Smith, Quandera Quick, and a John Doe defendant treated him differently from similarly situated prisoners while he was incarcerated at Green Haven Correctional Facility. He claims this violated the Equal Protection Clause of the Fourteenth Amendment.

The court had previously granted Salley permission to proceed without prepaying filing fees. That permission does not eliminate a prisoner’s obligation to pay the filing fee over time under 28 U.S.C. § 1915(b)(1).

Service on Named Defendants

Because Salley was allowed to proceed without prepaying fees, the court ordered service by the U.S. Marshals Service. The Clerk of Court was directed to prepare U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals Service with the necessary papers to serve Superintendent Michael Capra, Deputy of Security Thorpe, Captain C. Nixon, Deputy Elane Velez, Dr. T. Alam, Deputy L. Jackson-Smith, and Supervisory Quandera Quick.

The order states that if service is not completed within 90 days after the summonses are issued, Salley should ask for an extension of time. Salley must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.

Identifying the John Doe Defendant

The court found that Salley had provided enough information for the New York State Department of Corrections and Community Supervision to identify the John Doe defendant. The court therefore directed the New York State Attorney General, identified as DOCCS’s attorney and agent, to determine the defendant’s identity, badge number, and service address and provide that information to Salley and the court within 60 days of the order.

Within 30 days after receiving that information, Salley must notify the court in writing and ask it to add the identified person as a defendant and direct service through the U.S. Marshals Service.

Legal Assistance Referral

The court referred Salley to the New York Legal Assistance Group’s legal clinic for people representing themselves in civil cases in the Southern District of New York. The order explains that NYLAG is a private organization, not part of the court, and that its assistance would be limited in scope. Salley would remain responsible for his case and deadlines unless NYLAG separately agreed to provide additional assistance or representation.

Disposition

The court ordered service on the named defendants, directed identification of the John Doe defendant, and referred Salley to NYLAG. The order did not decide whether Salley’s equal-protection allegations were legally or factually valid.