Az-Zahid v. Murphy

Background

Salim Nafis Az-Zahid, who is incarcerated at Sullivan Correctional Facility, brought this civil-rights action under 42 U.S.C. § 1983. He alleges that correction officers assaulted him and denied him medical care on March 29, 2022, at Sullivan. The opinion states that Az-Zahid is representing himself and had previously been granted permission to proceed without prepaying court fees.

Service on CO Murphy

Because Az-Zahid was allowed to proceed without prepaying fees, the court ordered service through the court and the U.S. Marshals Service. The Clerk of Court was directed to complete a U.S. Marshals Service process form, issue a summons for CO Murphy, and provide the Marshals Service with the papers needed to serve Murphy. The court extended the service period until 90 days after the summons is issued. The opinion also states that Az-Zahid must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

Identification of Sgt. John Doe and Other Officers

The court relied on a procedure under which a court assists a self-represented litigant in identifying an unnamed defendant. It ordered the New York State Attorney General, 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 Sgt. John Doe and any other correctional officers involved in the alleged assault or denial of medical care.

The Attorney General must provide that information to Az-Zahid and the court within 60 days of the order. Within 30 days after receiving the information, Az-Zahid must file an amended complaint naming the newly identified defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint and may later direct the Clerk to prepare service materials for newly named defendants.

Discovery Requirement

The court ruled that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. Murphy must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in the responses.

Disposition

The order directs the Clerk of Court to issue the summons for Murphy, complete the service form, deliver the necessary documents to the U.S. Marshals Service, and mail Az-Zahid an information package. It also directs the Clerk to send the order and complaint to the New York State Attorney General. The order does not decide the merits of Az-Zahid’s allegations. Judge Kenneth M. Karas entered the order on March 11, 2024.