Alli v. Falconer

Background

Umar Alli, who is incarcerated and proceeding without a lawyer, brought an action seeking damages. He named ESU Officers Falconer, Reyes, Gillispie, and Smith; ESU Captains Slack and Bello; the City of New York; and multiple unidentified defendants. The unidentified defendants included correctional employees, medical providers, hospital physicians, and other employees connected to alleged uses of force and medical evaluations or treatment on dates in 2020 and 2021.

The court understood the complaint to assert claims under 42 U.S.C. § 1983, which permits certain civil-rights claims against state or local actors; Title II of the Americans with Disabilities Act; the Rehabilitation Act; and state law. The court had previously allowed Alli to proceed without paying the filing fee in advance. The order did not decide the merits of any claim.

Orders Concerning Named Defendants

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department about the order. It requested that Falconer, Reyes, Gillispie, Slack, Bello, Smith, and the City of New York waive service of summonses.

The court also held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specified discovery requests. The named defendants and the City must serve responses to those standard interrogatories and document requests within 120 days of the order’s date, quoting each request verbatim in their responses.

Identifying the Unnamed Defendants

The court relied on the rule that a self-represented litigant is entitled to help from the court in identifying an unnamed defendant. It found that Alli had provided enough information for the City’s Corporation Counsel, counsel for NYC Health+Hospitals, and counsel for Physician Affiliate Group of New York, P.C. to identify the unnamed individuals.

The requested identification covers unidentified Department of Correction employees involved in removing Alli from his cell at the Manhattan Detention Complex on November 28 or 29, 2020, or December 5 or 6, 2020, and bringing him for medical evaluation or treatment; unidentified Department of Correction employees who entered his cell at the West Facility on Rikers Island on March 17, 2021; and unidentified NYC Health+Hospitals or Physician Affiliate Group employees who evaluated or treated him at the Manhattan Detention Complex or Bellevue on November 28 or 29, 2020, or December 5 or 6, 2020.

The Corporation Counsel and the health-care organizations’ counsel must provide the identities and, when appropriate, badge numbers and service addresses of the unnamed defendants to Alli and the court within 60 days. Within 30 days after receiving that information, Alli must file an amended complaint naming the newly identified defendants and providing the requested identifying information. The amended complaint will replace, rather than supplement, the original complaint.

Disposition and Next Steps

After Alli files the amended complaint, the court will screen it and, if necessary, issue additional orders concerning service and compliance with Local Civil Rule 33.2. The court directed the Clerk to mail Alli an information package, the order, and the complaint to the relevant city and health-care entities. This was an order of service and case administration, not a decision on liability or the validity of Alli’s claims.