Wedgren v. Figueroa

Background

Dakota James Wedgren, who is incarcerated at Fishkill Correctional Facility, brought this self-represented lawsuit alleging that the defendants violated his federal constitutional rights. The court treated the complaint as asserting claims under 42 U.S.C. § 1983, a federal law that permits certain claims for constitutional violations by state actors. Wedgren seeks money damages and criminal prosecution of the defendants. The defendants are Sergeant J. Figueroa, Officer D. Lopez, and an unidentified correctional officer called “John Doe.”

The court had previously allowed Wedgren to proceed without prepaying the filing fee. Because he was proceeding without prepayment, the court explained that he could rely on the court and the U.S. Marshals Service to serve the complaint and summonses.

Service on Figueroa and Lopez

The court directed the Clerk of Court to issue summonses for Figueroa and Lopez, complete the required U.S. Marshals Service forms with their addresses, and send the necessary documents to the Marshals Service for service of the summonses and complaint. If service is not completed within 90 days after the summonses are issued, the opinion states that Wedgren should request an extension of time. Wedgren must also notify the court in writing if his address changes, and the court stated that failing to do so may result in dismissal of the action.

Discovery responses

The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered discovery requests. Figueroa and Lopez must serve responses to the standard interrogatories and requests for production within 120 days after service of the summonses and complaint. Their responses must quote each request word for word.

Identifying John Doe

Because a self-represented litigant is entitled to the court’s assistance in identifying an unnamed defendant, the court directed the Attorney General of the State of New York, described in the opinion as the attorney for and agent of the New York State Department of Corrections and Community Supervision, to determine the identities, badge numbers, and service addresses of the unidentified correctional officers, including “John Doe.” The Attorney General must provide that information to the court and Wedgren within 60 days of the order.

Within 30 days after receiving the information, Wedgren must file an amended complaint naming “John Doe” by the officer’s true identity and badge number. He may also name any other previously unidentified correctional officer whom he alleges assaulted him on March 22, 2023, at Fishkill. The amended complaint will replace, rather than supplement, the original complaint. After it is filed, the court will screen it and, if necessary, issue another order concerning service and compliance with Local Civil Rule 33.2.

Other directions and disposition

The court directed the Clerk of Court to mail Wedgren an information package, a copy of the order and complaint to the Attorney General, an amended-complaint form, and materials describing the New York Legal Assistance Group’s clinic for people representing themselves. The clinic may provide limited assistance, but the opinion states that it is not part of the court and that Wedgren remains responsible for filing papers and meeting deadlines.

Judge Kenneth M. Karas entered an order directing service on Figueroa and Lopez, directing those defendants to comply with Local Civil Rule 33.2, and directing the Attorney General to identify the unnamed correctional officers. The order did not decide the merits of Wedgren’s constitutional claims.