Ruggiero v. Jones

Background

Anthony Ruggiero, who is representing himself, brought this action under 42 U.S.C. § 1983, a law that allows claims against state actors for violating federal constitutional rights. He also alleges violations of state law based on events that occurred while he was incarcerated at Fishkill Correctional Facility. The opinion states that Ruggiero was no longer incarcerated when he filed the action. The court had previously allowed him to proceed without prepaying filing fees.

Service on Named Defendants

Because Ruggiero was allowed to proceed without prepaying fees, the court ordered the Clerk of Court to issue summonses, complete the required service forms with addresses, and send the necessary papers to the U.S. Marshals Service. The Marshals Service is to serve Stephanie E. Jones, Kevin C. Eschmann, Paul E. Julien, Kaylah V. Pryear, Alexandra Ayana Gibbons, Ana M. Figueroa, David J. Valentino, John P. Broas, Chris J. Churns, Edward R. Burnett, Anthony J. Annucci, Shawn T. Sawyer, Investigator Vasquez, and Darion Torres.

The court extended the service period so that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Ruggiero should request additional time. The court also directed Ruggiero to notify it in writing of any address change and stated that the action may be dismissed if he fails to do so.

Identifying Unnamed Defendants

The court issued an order requiring assistance in identifying unnamed defendants. It found that the complaint provided enough information for the New York State Department of Corrections and Community Supervision to identify a Jane Doe correction officer also known as “Ms. A.”; a John Doe correction officer on duty on October 12, 2022; incarcerated individual John Doe #1, whom Ruggiero believes is from Gambia; incarcerated individuals John Doe #2 through John Doe #6, whom Ruggiero alleges assaulted him on October 12, 2022; and the person referred to in the complaint as “Scott Durant.”

The New York State Attorney General, as the attorney for and agent of the department, must determine the identities, applicable badge numbers, and service addresses of these unnamed defendants and provide that information to Ruggiero and the court within 60 days of the order. Within 30 days after receiving the information, Ruggiero must file an amended complaint naming the John and Jane Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint after it is filed and may then issue further service instructions.

The opinion also states that department records identify the defendant listed by Ruggiero as “Dario Torres” as “Darion Torres,” and that department records do not show an individual in its custody named “Durant.”

Discovery

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified interrogatories and requests for production of documents. Defendants must serve responses to those standard requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

Other Court Directions

The Clerk was directed to mail the order and complaint to the New York State Attorney General, attach an amended-complaint form, provide information about the New York Legal Assistance Group’s free clinic for self-represented civil litigants, and mail Ruggiero an information package. The clinic is not part of the court, and consulting it does not make it Ruggiero’s attorney of record.

Disposition and Classification

This was an order concerning service, identification of unnamed defendants, and discovery. The court did not decide the merits of Ruggiero’s constitutional or state-law claims. The order therefore is classified as a procedural order.