Nova v. Martuscelli

Background

Julio Nova, who is incarcerated at Upstate Correctional Facility and is representing himself, brought an action under 42 U.S.C. § 1983. He alleged that, in 2023, he experienced excessive force and retaliation while incarcerated at Green Haven Correctional Facility. He named Daniel F. Martuscello, identified as Acting Commissioner; Michael Blot, identified as a Corrections Captain; Therrien, identified as a Corrections Sergeant; Superintendent Rabideau; and John Does 1–4, identified as members of the Correctional Emergency Response Team.

The court had previously granted Nova permission to proceed without prepaying the filing fees. Because he was proceeding without prepaying fees, the court screened the complaint under the federal prisoner-screening statutes. Those statutes require dismissal of claims that are frivolous, malicious, fail to state a claim, or seek money from a defendant who is legally immune.

Ruling on Rabideau

The court explained that a claim under § 1983 requires facts showing both a violation of a federal right and action under state authority. It also requires facts showing each defendant’s personal involvement; a person cannot be held liable merely because that person supervises someone who allegedly violated the plaintiff’s rights.

The complaint alleged that Rabideau presided over Nova’s disciplinary proceedings and discriminated against him. The court found these allegations insufficient to show Rabideau’s personal involvement in a constitutional violation. The court therefore dismissed Nova’s claims against Rabideau for failure to state a claim, with leave to replead. The court noted that it was unclear whether Nova claimed Rabideau violated his rights during the disciplinary hearing and that Nova did not explain how Rabideau allegedly discriminated against him.

Service and Identification of Defendants

The court directed the Clerk of Court to issue summonses and prepare the required service forms for Martuscello, Blot, and Therrien. The U.S. Marshals Service was directed to receive the necessary papers and serve those defendants. The court stated that if service is not completed within 90 days after the summonses are issued, Nova should request more time.

For the John Doe members of the Correctional Emergency Response Team, the court directed the New York State Attorney General’s Office to identify the individuals, their badge numbers, and addresses where they may be served. The office must provide that information to Nova and the court within 60 days of the order. Nova must then file an amended complaint naming those defendants within 30 days after receiving the information. That amended complaint will replace, rather than supplement, the original complaint, and the court will screen it before directing further service if necessary.

Other Directions and Disposition

The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must serve responses to specified discovery requests within 120 days after service of the complaint, quoting each request verbatim in their responses.

The court instructed the Clerk to send the order and complaint to the New York State Attorney General’s Office and to send Nova an information package. 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. Judge Kenneth M. Karas did not decide the underlying excessive-force or retaliation allegations in this order.