Whitted v. Marsh

Background

Richard O’Neil Whitted, who is proceeding without a lawyer, filed an action seeking damages while held at the Dutchess County Jail. He sued City of Poughkeepsie Police Officers E. Marsh, Stecher, M.R., and Ragni. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal law allowing certain civil-rights claims against state or local officials, as well as state-law claims.

The court had previously granted Whitted permission to proceed without prepaying filing fees. This order concerns service of the complaint and identification of an unnamed defendant, rather than whether Whitted’s claims are legally or factually valid.

Service on Identified Defendants

Because Whitted was allowed to proceed without prepaying fees, the court stated that he could rely on assistance from the court and the United States Marshals Service to serve the identified defendants. The court directed the Clerk of Court to prepare a United States Marshals Service Process Receipt and Return form for each identified defendant, issue summonses, and provide the Marshals Service with the documents needed to serve Marsh, Stecher, M.R., and Ragni.

The order states that if the complaint is not served on the identified defendants within 90 days after the summonses are issued, Whitted should request an extension of time. It also requires Whitted to notify the court in writing of any address change and states that the action may be dismissed if he does not do so.

Adding and Identifying “John Doe”

The court interpreted Whitted’s reference to three other unnamed officers as referring to Stecher, M.R., and one additional unidentified City of Poughkeepsie police officer. Under Federal Rule of Civil Procedure 21, the court directed the Clerk to add “John Doe” as an additional defendant.

The court found that the complaint provided enough information for the City of Poughkeepsie Police Department to identify the unnamed officer: the officer was allegedly present with Marsh, Ragni, Stecher, and M.R. when Whitted was arrested near 221 Smith Street in Poughkeepsie, New York, on or about November 30, 2023. The court ordered the Corporation Counsel of the City of Poughkeepsie to determine the officer’s identity, badge number, and service address and provide that information to the court and Whitted within 60 days. The court also encouraged Corporation Counsel to determine M.R.’s full identity.

Within 30 days after receiving the information, Whitted must file an amended complaint using the newly identified officer’s true name. 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 another order concerning service.

Disposition

The court directed the Clerk to mail Whitted an information package, add “John Doe” as a defendant, issue summonses for Marsh, Stecher, M.R., and Ragni, and provide the required service materials to the United States Marshals Service. It also directed the Clerk to mail the order and complaint to the Corporation Counsel of the City of Poughkeepsie. The order does not resolve the merits of Whitted’s claims.