Gibson v. Burnett

Background

David Gibson brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state officials for alleged violations of constitutional rights. He alleged, among other things, that his constitutional rights were violated while he was incarcerated at Fishkill Correctional Facility. On January 23, 2023, the court allowed Gibson to proceed without paying filing fees in advance.

Service on Named Defendants

Because Gibson was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary papers to the Marshals Service for service on Supt. Edward Burnett, Akinyombo, R.N. Danille Lebron, Stephen Urbanski, and Barbara Furco.

The court stated that if the second amended complaint is not served within 90 days after the summonses are issued, Gibson should request additional time. Gibson must also notify the court in writing of any address change; the court stated that the action may be dismissed if he fails to do so.

John Doe Defendant

The court found that Gibson had provided enough information for the New York State Department of Corrections and Community Supervision to identify Sergeant Edgmond John Doe, whom Gibson alleged was involved in violating his rights. The court ordered the New York State Attorney General, identified as the department’s attorney and agent, to determine the John Doe defendant’s identity, badge number, and service address and provide that information to Gibson and the court within 60 days.

Within 30 days after receiving that information, Gibson must file a second amended complaint naming the John Doe defendant. That pleading will replace, rather than supplement, the existing amended complaint. The court stated that it will screen the second amended complaint and, if necessary, direct the Clerk to prepare service materials for the newly identified defendant.

Disposition

Judge Kenneth M. Karas ordered the Clerk to issue summonses, prepare service forms, and provide the necessary documents to the U.S. Marshals Service for the five named defendants. The Clerk was also directed to send the order and amended complaint to the New York State Attorney General and to send Gibson a copy of the order and an information package. This order concerns service and identification of defendants; it does not decide the merits of Gibson’s constitutional claims.