Phillips v. Polanco

Background

Marquis Phillips, who is incarcerated at Wende Correctional Facility and is proceeding without a lawyer, filed this action under 42 U.S.C. § 1983, a federal civil-rights statute used to seek relief for alleged constitutional violations by state actors. The opinion states that his claims arise from the time he was incarcerated at Green Haven Correctional Facility. The court had previously granted Phillips permission to proceed without prepaying filing fees.

This order does not describe the underlying alleged conduct in detail and does not decide whether Phillips’s claims have merit.

Service on Edwin Polanco

Because Phillips was allowed to proceed without prepaying fees, the court stated that he was entitled to assistance from the court and the U.S. Marshals Service in serving the defendants. The court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for Edwin Polanco, issue a summons, and send the necessary papers to the Marshals Service for service.

The court stated that service must occur within 90 days after the summons issues. If service is not completed within that period, Phillips should request an extension. The court also directed Phillips to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Identifying the Jane Doe Defendant

Phillips identified an unnamed defendant as Administrative Deputy Superintendent “Jane Doe,” who was allegedly on duty in G-Block at Green Haven Correctional Facility at approximately 10:00 a.m. on September 14, 2020. The court found that Phillips had provided enough information for the New York State Department of Corrections and Community Supervision to identify that person.

The court ordered the New York State Attorney General, described in the opinion as counsel and an agent for that department, to determine Jane Doe’s identity and service address and provide that information to Phillips and the court within 60 days. Within 30 days after receiving the information, Phillips must file an amended complaint naming the defendant. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue further service instructions.

Automatic Discovery

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

Disposition

Judge Kenneth M. Karas directed the Clerk to mail the order and related materials to Phillips and to send the order and complaint to the New York State Attorney General. The court directed the Clerk to issue the summons for Edwin Polanco, complete the service form with Polanco’s address, and deliver the required documents to the Marshals Service. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not resolve the merits of Phillips’s constitutional claims.