Smith v. Labarge

Background

Sincere Smith, proceeding without a lawyer, sued correctional officers over events at two facilities. He alleged that, on June 15, 2023, officers at Upstate Correctional Facility—including Sgt. Labarge and other named officers—subjected him to a planned and violent sexual attack. He also alleged that, on July 26, 2023, at Green Haven Correctional Facility, a John Doe correctional officer intentionally placed him in the same recreation period as a prisoner with whom he had a separation order. Smith alleged that the prisoner chased him with a razor blade while the Doe officer and Sgt. Miller watched without intervening. Smith said he collapsed because of asthma, injured his right hand, and suffered more serious injuries because Upstate medical staff had not properly treated his hand.

The court had previously allowed Smith to proceed without prepaying filing fees. At this stage, the court applied the required screening rules for a prisoner complaint, but the order did not decide the merits of the constitutional claims.

Severance and Transfer

The court applied Federal Rules of Civil Procedure 18, 20, and 21. Rule 20 generally permits multiple defendants to be joined only when the claims arise from the same transaction or series of events and share common legal or factual questions. The court concluded that Smith’s Upstate claims and Green Haven claims were not logically connected. Although Smith alleged that Upstate medical care worsened his Green Haven injuries, the court found that the alleged denial of medical care did not arise from the same events or involve the same defendants as the Green Haven claims.

The court therefore severed the claims against the Upstate Defendants. It determined that venue was improper in the Southern District of New York because the Upstate events occurred in Franklin County, New York, which is in the Northern District of New York. Under 28 U.S.C. § 1406(a), the court transferred the Upstate claims to the Northern District of New York in the interest of justice.

The Clerk was directed to terminate Sgt. Labarge, the officers identified as Martin, Phillips, Ashley, Rowe, Tatro, Gary, and Smith, and the other Upstate Defendants from this action, without prejudice to Smith litigating those claims in the Northern District of New York.

Service and Identification of Defendants

Because Smith was allowed to proceed without prepaying fees, the court directed the Clerk to issue a summons for Sgt. Miller, complete the required service form, and provide the necessary documents to the U.S. Marshals Service. The order states that service must occur within 90 days after the summons is issued, unless Smith requests an extension.

The court also ordered the New York State Attorney General to identify the Green Haven John Doe officer and provide that officer’s address to Smith and the court within 60 days. Smith must then ask the court within 30 days of receiving that information to add the officer’s name and arrange service.

Other Directives and Disposition

Local Civil Rule 33.2 applies to the case. The defendants must respond to the specified prisoner-case discovery requests within 120 days after service of the complaint. The court also instructed Smith to notify the court of any address change and certified that any appeal would not be taken in good faith, denying permission to proceed without prepaying fees for an appeal.

Judge Kenneth M. Karas transferred the Upstate claims to the Northern District of New York, terminated the Upstate Defendants from this action without prejudice to litigating those claims there, directed service on Sgt. Miller, and ordered identification of the John Doe officer. The order did not resolve whether Smith’s underlying constitutional claims succeed.