Perez v. Molina

Background

Jarrell D. Perez, who is incarcerated at Franklin Correctional Facility, filed this self-represented civil-rights action alleging constitutional violations during his detention on Rikers Island. Chief Judge Laura Taylor Swain previously allowed Perez to proceed without prepaying court fees and directed him to file an amended complaint. The Clerk’s Office received that amended pleading on September 22, 2023. The case was later reassigned to Judge Jennifer H. Rearden, who referred it to Magistrate Judge Barbara Moses for general pretrial management.

Order of Service

The order did not resolve the merits of Perez’s constitutional claims. Instead, it established procedures for managing the case before trial. It directed that most pretrial motions and applications, including scheduling and discovery matters, be made to Judge Moses and follow her individual practices. The order excluded certain matters from that general direction, including motions to dismiss, motions for judgment on the pleadings, requests for injunctive relief, summary-judgment motions, and class-certification motions.

The court requested that the City of New York, Commissioner Louis Molina, Warden Ronald Miller, Deputy Warden Brathwaite, Captain Mulbrav, Captain Smith, and Captain Shaw waive service of summons. The opinion does not state whether any defendant accepted that request.

Discovery Requirement

The order applied Local Civil Rule 33.2 to the action. That rule requires defendants in certain prisoner cases to answer specified court-ordered interrogatories and requests for document production. The defendants must serve responses within 120 days after service of the complaint or waiver of service and must quote each discovery request verbatim in their responses.

Self-Represented Filing and Legal Assistance Information

The court explained that self-represented parties may submit filings by dropping them at a courthouse drop box, mailing them to the Pro Se Intake Unit, or emailing them according to the court’s filing instructions. The order also referred Perez to the New York Legal Assistance Group clinic for people representing themselves in civil cases. The clinic is a private organization and is not part of the court. The information provided describes limited-scope assistance, meaning that a person remains responsible for the case and the clinic does not automatically become the person’s attorney.

The Clerk of Court was directed to electronically notify the New York City Department of Correction and the New York City Law Department of the order.

Disposition and Classification

The court issued an order of service and pretrial-management instructions. It did not grant or deny a motion and did not decide the validity of Perez’s constitutional claims. This is classified as a procedural order because it addresses service, discovery, filing procedures, and related case administration rather than the merits.