The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GUSTAVE BROWN,
Plaintiff,
21-CV-8981 (RA)
-against-
ORDER OF SERVICE
WARDEN CARTER; CAPTAIN GUERRA;
CAPTAIN JOHN; CAPTAIN HORTON,
Defendants.
RONNIE ABRAMS, United States District Judge:
Plaintiff, who is currently detained in the Vernon C. Bain Center (VCBC) on Rikers
Island, brings this action pro se. He alleges that the conditions of his confinement at the VCBC
violated his constitutional rights. By order dated November 24, 2021, the Court granted
Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis (IFP).1
DISCUSSION
A. Waiver of Service
The Court directs the Clerk of Court to notify the New York City Department of
Correction and the New York City Law Department of this order. The Court requests that the
following defendants waive service of summons: (1) VCBC Warden C. Carter; (2) Captain
Horton, a VCBC Facility Storehouse Captain; and (3) Captain Guerra, the VCBC Housing Unit
3-AA Shift Supervisor.
B. “Captain John Doe”
Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court
in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies
1 Prisoners are not exempt from paying the full filing fee, even when they have been
granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1).
sufficient information to permit the New York City Department of Correction (DOC) to identify
“Captain John Doe,” a VCBC Captain supervising the intake area at VCBC on October 5, 2021.
It is therefore ordered that the New York City Law Department, which represents the DOC, must
ascertain the identity and badge number of “Captain John Doe,” whom Plaintiff seeks to sue
here, and the address where that defendant may be served.2 The New York City Law Department
must provide this information to Plaintiff and the Court within 60 days of the date of this order.
Within 30 days after receiving this information, Plaintiff must file an amended complaint
naming the newly identified individual as a defendant. The amended complaint will replace, not
supplement, the original complaint. An amended complaint form that Plaintiff should complete is
attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the
amended complaint and, if necessary, issue an order asking that defendant to waive service.
CONCLUSION
The Court directs the Clerk of Court to electronically notify the New York City
Department of Correction and the New York City Law Department of this order. The Court
requests that Defendants VCBC Warden C. Carter, and VCBC Captains Horton and Guerra
waive service of summons. An amended complaint form, for Plaintiff to complete after the John
Doe defendant is identified, is attached to this order.
2 If “Captain John Doe” is a current or former DOC employee or official, the New York
City Law Department should note in the response to this order that an electronic request for a
waiver of service can be made under the e-service agreement for cases involving DOC
defendants, rather than by personal service at a DOC facility. If “Captain John Doe” is not a
current or former DOC employee or official, but otherwise works or worked at a DOC facility,
the New York City Law Department must provide a residential address where that individual
may be served.
2
The Court directs the Clerk of Court to mail a copy of this order and the complaint to
New York City Law Department at 100 Church Street, New York, New York 10007. The Court
further directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an
information package.
SO ORDERED.
Dated: December 22, 2021 Vi] /
New York, New York A C
J ——,
RONNIE ABRAMS
United States District Judge
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civ. (i)
(In the space above enter the full name(s) of the plaintiff(s).) AMENDED
COMPLAINT
-against-
Jury Trial: O Yes oO No
ee (check one)
(dn the space above enter the full name(s) of the defendant(s). Ifyou
cannot fit the names of all of the defendants in the space provided,
please write “see attached” in the space above and attach an
additional sheet of paper with the full list of names. The names
listed in the above caption must be identical to those contained in
Part I. Addresses should not be included here.)
I. Parties in this complaint:
A. List your name, address and telephone number. If you are presently in custody, include your
identification number and the name and address of your current place of confinement. Do the same
for any additional plaintiffs named. Attach additional sheets of paper as necessary.
Plaintiff Name
Street Address ee
County, City.
State& ZipCode
Telephone Number eee
B. List all defendants. You should state the full name of the defendant, even if that defendant is a
government agency, an organization, a corporation, or an individual. Include the address where
each defendant may be served. Make sure that the defendant(s) listed below are identical to those
contained in the above caption. Attach additional sheets of paper as necessary.
Rev. 12/2009
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________
Defendant No. 2 Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________
Defendant No. 3 Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________
Defendant No. 4 Name ___________________________________________________________
Street Address _______________________________________________________
County, City _________________________________________________________
State & Zip Code ____________________________________________________
Telephone Number ____________________________________________________
II. Basis for Jurisdiction:
Federal courts are courts of limited jurisdiction. Only two types of cases can be heard in federal court:
cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28
U.S.C. § 1331, a case involving the United States Constitution or federal laws or treaties is a federal
question case. Under 28 U.S.C. § 1332, a case in which a citizen of one state sues a citizen of another
state and the amount in damages is more than $75,000 is a diversity of citizenship case.
A. What is the basis for federal court jurisdiction? (check all that apply)
Q Federal Questions Q Diversity of Citizenship
B. If the basis for jurisdiction is Federal Question, what federal Constitutional, statutory or treaty right
is at issue? _____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
C. If the basis for jurisdiction is Diversity of Citizenship, what is the state of citizenship of each party?
Plaintiff(s) state(s) of citizenship ____________________________________________________
Defendant(s) state(s) of citizenship ____________________________________________________
______________________________________________________________________________
Il. Statement of Claim:
State as briefly as possible the facts of your case. Describe how each of the defendants named in the
caption of this complaint is involved in this action, along with the dates and locations of all relevant events.
You may wish to include further details such as the names of other persons involved in the events giving
rise to your claims. Do not cite any cases or statutes. If you intend to allege a number of related claims,
number and set forth each claim in a separate paragraph. Attach additional sheets of paper as necessary.
A. Where did the events giving rise to your claim(s) occur?
B. What date and approximate time did the events giving rise to your claim(s) occur?
C. Facts)
| OR
you?
did
ee eee eee ee eee ee
as anyone ee
else
involved?
Who else Fee ee eee eee eee eee eee eee eee eee eee eee
saw what |
happened ? ee
IV. Injuries:
If you sustained injuries related to the events alleged above, describe them and state what medical
treatment, ifany, yourequired andreceived.
Rev. 12/2009
V. Relief:
State what you want the Court to do for you and the amount of monetary compensation, if any, you are
seeking, and the basis for such compensation.
I declare under penalty of perjury that the foregoing is true and correct.
Signed this _ day of , 20.
Signature of Plaintiff
Mailing Address
Telephone Number
Fax Number (ifyou have one)
Note: All plaintiffs named in the caption of the complaint must date and sign the complaint. Prisoners
must also provide their inmate numbers, present place of confinement, and address.
For Prisoners:
I declare under penalty of perjury that on this ss dayoof — ——is—“‘éiéiéc2O Cd Lam delivering
this complaint to prison authorities to be mailed to the Pro Se Office of the United States District Court for
the Southern District of New York.
Signature of Plaintiff.
Inmate Number