Lurch, Jr. v. Gorman

Background

Robert Derek Lurch Jr. filed a self-represented lawsuit seeking damages. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal law allowing claims for violations of federal rights by state or local officials, and under state law. The defendants named in the caption included John Doe Police Officer Badge Number 8520, Sergeant Gorman, Police Officers McKeever, Drozdik, Ben Cosme, and Callou, Sergeant Nunez, and unidentified Central Bookings Court Pen Officers.

The opinion states that Lurch was being held at the Otis Bantum Correctional Center on Rikers Island when the order was issued, but that he did not file the action while in custody. The court had previously granted his request to proceed without prepaying filing fees.

Service on Identified Defendants

Because Lurch was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each identified defendant, issue summonses, and provide the necessary documents to the Marshals Service.

The court stated that if the complaint was not served within 90 days after the summonses were issued, Lurch should request additional time for service. It also required him to notify the court in writing of any address change and stated that the action could be dismissed if he failed to do so.

Identifying Unnamed Defendants

The court found that the complaint provided enough information for the New York City Police Department and Department of Correction to identify Officer 8520 and the unnamed defendants. The unnamed Department of Correction defendants were described as employees who were present at the Department of Correction’s Central Booking facility in Manhattan on or about July 23, 2023, interacted with Lurch and Correction Lieutenant Foster, and were involved when Lurch requested that his handcuffs be loosened.

The court ordered New York City’s Corporation Counsel to determine Officer 8520’s name, the names and, when appropriate, badge numbers of the unnamed defendants, and the addresses where they could be served. Corporation Counsel was ordered to provide that information to Lurch and the court within 60 days.

Within 30 days after receiving the information, Lurch must file an amended complaint naming Officer 8520 and any 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, request that newly identified defendants waive service of summonses.

Other Court Directions

The court directed the Clerk of Court to mail Lurch an information package, a copy of the order, and a copy of the complaint to Corporation Counsel. It also provided information about the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The opinion explains that the clinic is a private organization and is not part of the court.

Disposition and Effect

This was an order about service and identifying defendants. The court directed service on the identified defendants and directed Corporation Counsel to identify the unnamed defendants. It did not decide whether Lurch’s claims succeed or fail, and it stated that further screening would occur after an amended complaint was filed. Judge Jessica G. L. Clarke signed the order.