Shepherd v. Keyser

Background

Eon Shepherd, who is currently incarcerated at Green Haven Correctional Facility, brought this action under 42 U.S.C. § 1983, a federal law allowing claims against state officials for constitutional violations. Shepherd is representing himself. He alleges that Superintendent W. Keyser, Captain Maxwell, OSI S. Keyser, Director of SHU Venettozi, Deputy Superintendent J. Krom, DSS Sipple, Sgt. Terwillinger, FHSD Wolff, N.A. Hinton, and C.O. Rosenberg violated his constitutional rights while he was incarcerated at Sullivan Correctional Facility.

The court had previously directed the Clerk of Court to issue summonses for all defendants, and the summonses were issued the next day.

Court’s Action

The court cited a prior decision stating that a self-represented litigant is entitled to the district court’s assistance in identifying an unidentified defendant. Because the defendants were alleged to be employees of the New York State Department of Corrections and Community Supervision, the court directed the Attorney General of the State of New York, identified as the attorney for and agent of that department, to provide addresses where the defendants could be served.

The Attorney General was ordered to provide the information to Shepherd and the court within 14 days of the order. If any defendants were former department employees or officials, the Attorney General was ordered to provide residential addresses where they could be served. The Clerk of Court was directed to mail the order and complaint to the Attorney General at 28 Liberty Street, New York, New York 10005, and to mail a copy of the order to Shepherd.

Disposition and Significance

Judge Kenneth M. Karas entered a procedural order concerning service of process. The opinion did not resolve the merits of Shepherd’s constitutional claims or determine whether any defendant violated his rights.