Hamlett v. Jacob

Background

Shawn Hamlett, who is incarcerated at the Charlotte Correctional Institution in Punta Gorda, Florida, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that on April 23, 2003, during an escort at the Otis Bantum Correctional Center on Rikers Island, Correction Officer Jacob threw him down a staircase. Hamlett alleges that his head struck the concrete floor and that he lost consciousness. He seeks money damages. The other named defendant is Keith W. Guerrant IGRC.

Hamlett alleges that he did not file a lawsuit after the incident because John Boston, an attorney who previously worked at the Prisoners’ Rights Project at the Legal Aid Society, advised him not to file claims on his own. According to allegations discussed in the order, Boston told Hamlett that he might be included in lawsuits concerning Red I.D. procedures and the use of force on Rikers Island and that Hamlett would receive settlement checks. Hamlett says he did not receive the checks and did not learn about the relevant lawsuit concerning use of force until 2023.

Statute of limitations

The court explained that § 1983 claims in New York generally use a three-year statute of limitations for personal-injury claims. A claim generally accrues when the plaintiff knows or has reason to know of the injury. Based on the complaint, the court concluded that Hamlett’s use-of-force claim accrued on April 23, 2003, making the filing deadline approximately April 23, 2006. Hamlett placed the complaint in his prison’s mailing system on June 25, 2023, more than 17 years after that deadline.

The court considered equitable tolling, which allows a court to extend a filing deadline in narrow circumstances to prevent unfairness. It concluded that Hamlett had not alleged facts supporting equitable tolling. The court reasoned that his inability to locate Boston or identify the lawsuits did not prevent him from filing his own lawsuit. The court also noted that Hamlett’s documents indicated he began trying to locate information about the lawsuits in 2022, rather than in 2005 when he did not receive the promised settlement check.

Order

The court did not dismiss the action at this stage. Because a statute-of-limitations defense was apparent from the materials Hamlett submitted, but notice and an opportunity to respond should be provided before dismissal, Judge Laura Taylor Swain ordered Hamlett to file a declaration within 30 days explaining why the action should not be dismissed as time barred. The declaration should include any facts supporting equitable tolling and identify docket number 23-CV-5598. No summons was to issue at that time.

The court denied Hamlett’s motions seeking to have the defendants served with the complaint. It also denied as moot his motion to expedite the proceedings. Finally, the court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order itself did not decide whether the alleged use of force violated federal law.