Herbert v. Korines
- Nelson Roman
- 7:23-cv-09529
- U.S. District Court · Southern District of New York
- 5
In Herbert v. Korines, Judge Román ordered service on four defendants and identification of two John Doe officers in Herbert’s civil-rights case.
Jeremiah Folsom Herbert, the four named defendants, the two unidentified court-transport officers, the Clerk of Court, the U.S. Marshals Service, and the New York State Attorney General were affected by the service and identification directives. The named defendants were also subject to the specified discovery requirements.
What happened
Herbert v. Korines is a civil-rights lawsuit brought by Jeremiah Folsom Herbert, who is incarcerated and represents himself. He alleges that Lieutenant N. Korines, Correction Officer D. Tragis, Correction Officer Serino, Correction Officer “John Doe,” Correction Officer Meldoza “John Doe,” and Superintendent Mark Miller violated his constitutional rights while he was incarcerated at Green Haven Correctional Facility.
The court directed the Clerk of Court to issue summonses and provide the U.S. Marshals Service with the materials needed to serve Korines, Tragis, Serino, and Miller. The court also directed the New York State Attorney General to identify the two court-transport officers referred to as John Doe, including their badge numbers and service addresses. Herbert must file an amended complaint naming those officers within 30 days after receiving the information. The court also applied a prisoner-case rule requiring defendants to respond to specified discovery requests within 120 days after service.
Judge Nelson S. Román entered an order of service on April 19, 2024. The order addressed service, identification of unknown defendants, and discovery; it did not decide whether the alleged constitutional violations occurred.
The detailed version
- Herbert v. Korines · No. 7:23-cv-09529
- Nelson Roman
- Apr. 19, 2024
Background
Jeremiah Folsom Herbert, who is incarcerated at Attica Correctional Facility and represents himself, brought this action under 42 U.S.C. § 1983. He alleges that Defendants violated his constitutional rights while he was incarcerated at Green Haven Correctional Facility. The defendants named in the caption are Lieutenant N. Korines, Correction Officer D. Tragis, Correction Officer Serino, Correction Officer “John Doe,” Correction Officer Meldoza “John Doe,” and Superintendent Mark Miller.
The court had previously allowed Herbert to proceed without prepaying filing fees. Because he was proceeding without prepayment, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants.
Service on Named Defendants
The court instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary paperwork to the Marshals Service for service on Lieutenant N. Korines, Correction Officer D. Tragis, Correction Officer Serino, and Superintendent Mark Miller. The court extended the time for service to 90 days after summonses are issued. It stated that Herbert should request an extension if service is not completed within that period.
The court also directed Herbert to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.
John Doe Defendants
The court found that Herbert had provided enough information for the New York State Department of Corrections and Community Supervision to identify the two court-transport officers involved in the alleged October 4, 2023 deprivation of his rights. It ordered the New York State Attorney General, as the attorney and agent for that department, to determine the officers’ identities, badge numbers, and service addresses and provide that information to Herbert and the court within 60 days of the order.
Within 30 days after receiving the information, Herbert must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, direct the Clerk to prepare service materials for the newly named defendants.
Discovery
The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered interrogatories and requests for production of documents. The defendants must serve responses within 120 days after service of the complaint and must quote each request verbatim in their responses.
Disposition and Classification
The court ordered the Clerk to issue summonses and arrange for service on the four named defendants, mail the order and complaint to the New York State Attorney General, apply Local Civil Rule 33.2, and mail Herbert a copy of the order and an information package. This was an order concerning service, identification of defendants, and discovery. The opinion did not decide the merits of Herbert’s constitutional-rights allegations.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.