Murray v. City of New York et al

Filing 7

ORDER OF SERVICE: The Clerk of Court is directed to electronically notify DOC and the Law Department this Order. The Court requests that the City of New York; Dept. Hamuton; C.O. Philogene, Shield No. 8360; C.O. Dawkins, Shield No. 7198; Capt. Toliver, Shield No. 1291; C.O. Monagan, Shield No. 12320; C.O. Hasangjekaj, Shield No. 2071; C.O. Tomasik, Shield No. 19746; Payne, Shield No. 140; C.O. Pratt; and Captain Banks waive service of summons. The Clerk of Court is directed to mail a copy of this Order and the complaint to the Law Department at: 100 Church Street, New York, NY 10007. The Clerk of Court is also directed to mail an information package to Plaintiff. Local Civil Rule 33.2 applies to this action. SO ORDERED. Waiver of Service due by 7/8/2024. (Signed by Magistrate Judge Stewart D. Aaron on 6/5/2024) (mml) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Robert Murray, a/k/a Leviticus Bofnet
Lucfer,
Plaintiff,

06/05/2024
1:24-cv-03758 (JGLC) (SDA)
ORDER OF SERVICE

-againstCity of New York, et al.,
Defendants.
STEWART D. AARON, United States Magistrate Judge:

Pro se Plaintiff, who currently is a pretrial detainee housed in West Facility on Rikers
Island, brings this action under 42 U.S.C. § 1983, alleging at least seven claims that seventeen
Defendants violated his federal constitutional rights when he was detained at various facilities
on Rikers Island and at Mid-Hudson Forensic Psychiatric Center on June 7, 2023; September 4,
2023, September 12, 2023; October 12, 2023; October 24, 2023; 1 October 30, 2023; and March
10, 2024. 2 (Compl., ECF No. 1, PDF pp. 2-10.) By Order, dated May 25, 2024, the Court granted
Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. 3
(5/25/24 Order, ECF No. 4.)

Plaintiff avers that paperwork may indicate October 25, 2023, instead of October 24, 2023. (Compl. at
PDF p. 8.)
1

While Plaintiff supplies four occurrence dates in the Complaint, based on the narrative Plaintiff
provided, additional relevant dates are provided. (See generally Compl.)
2

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).

3

DISCUSSION
A.

Waiver Of Service
The Clerk of Court is directed to electronically notify the New York City Department of

Correction (“DOC”) and the New York City Law Department, Office of the Corporation Counsel
(the “Law Department”), of this Order. The Court requests that the City of New York; Dept.
Hamuton; DOC Correction Officer (“C.O.”) Philogene, Shield No. 8360; C.O. Dawkins, Shield No.
7198; Capt. Toliver, Shield No. 1291; C.O. Monagan, Shield No. 12320; C.O. Hasangjekaj, Shield
No. 2071; C.O. Tomasik, Shield No. 19746; Payne, Shield No. 140; C.O. Pratt; and Captain Banks 4
waive service of a summons in accordance with Rule 4(d) of the Federal Rules of Civil
Procedure.
B.

Valentin Order For C.O. Jane 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
sufficient information to permit the DOC to identify the Jane Doe Correction Officer whom
Plaintiff alleges used a chemical agent on him on October 24, 2023. 5 (Compl. at PDF p. 8.)
It is therefore ordered that the Law Department, which is counsel for and agent of the
DOC, must ascertain the identity and badge number of the John and Jane Does whom Plaintiff

Plaintiff includes Captain Banks in the case caption on the Complaint, but does not provide any specific
allegations against Captain Banks. (See Compl. at 1.) However, Captain Banks is not listed on the ECF
docket. Thus Clerk of Court is respectfully directed to list Captain Banks as a Defendant on the ECF
docket.
4

Plaintiff also names five John Doe Correction Officers as defendants. Because Plaintiff does not allege
facts describing how these officers were personally involved in the events giving rise to his claims and he
provides no information that would allow the DOC to identify them, the Court declines to issue a
Valentin order as to these Defendants at this time.
5

2

seeks to sue here and the address where each Defendant may be served. 6 The Law Department
is further ordered to confirm the identifies and badge numbers of the other Defendants that
Plaintiff has identified herein. The Law Department must provide this information to Plaintiff
and the Court, by letter filed to the ECF docket, within sixty (60) days of the date of this Order.
Within thirty (30) days of receiving this information, Plaintiff must file an Amended
Complaint naming the John and Jane Doe Defendants. 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 Defendant to waive
service once again.
C.

Local Civil Rule 33.2
Local Civil Rule 33.2 of the United States District Court for the Southern District of New

York, which requires defendants in certain types of prisoner cases to respond to specific, Courtordered discovery requests, applies to this action. Those discovery requests are available on the
Court’s website under “Forms” and are titled “Plaintiff’s Local Civil Rule 33.2 Interrogatories
and Requests for Production of Documents.” Within 120 days of service of the Complaint,

If the Doe Defendant is a current or former DOC employee or official, the Law Department should note
in the response to this Order that an electronic request for a waiver of service can be made under the eservice agreement for cases involving DOC defendants, rather than by personal service at a DOC facility.
If the Doe Defendant is not a current or former DOC employee or official, but otherwise works or
worked at a DOC facility, the Law Department must provide a residential address where the individual
may be served, which may be filed under seal.
6

3

Defendants must serve responses to these standard discovery requests. In their responses,
Defendants must quote each request verbatim. 7
CONCLUSION
The Clerk of Court is directed to electronically notify DOC and the Law Department of
this Order. The Court requests that the City of New York; Dept. Hamuton; C.O. Philogene, Shield
No. 8360; C.O. Dawkins, Shield No. 7198; Capt. Toliver, Shield No. 1291; C.O. Monagan, Shield
No. 12320; C.O. Hasangjekaj, Shield No. 2071; C.O. Tomasik, Shield No. 19746; Payne, Shield
No. 140; C.O. Pratt; and Captain Banks waive service of summons.
The Clerk of Court is directed to mail a copy of this Order and the complaint to the Law
Department at: 100 Church Street, New York, NY 10007. The Clerk of Court is also directed to
mail an information package to Plaintiff. Local Civil Rule 33.2 applies to this action.
SO ORDERED.
DATED:

New York, New York
June 5, 2024
______________________________
STEWART D. AARON
United States Magistrate Judge

If Plaintiff would like copies of these discovery requests before receiving the responses and does not
have access to the website, Plaintiff may request them from the Pro Se Intake Unit.

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4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

(In the space above enter the full name(s) of the plaintiff(s). )

AMENDED
COMPLAINT
under the Civil Rights Act,
42 U. S. C. § 1983

-against-

Jury Trial:

Q

Yes

Q

No

(check one)
____

Civ. _________ (

)

(In the space above enter the full name(s) of the defendant(s). If you
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, 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’s

B.

Name
ID#
Current Institution
Address

List all defendants’ names, positions, places of employment, and the address where each defendant
may be served. M ake sure that the defendant(s) listed below are identical to those contained in the
above caption. Attach additional sheets of paper as necessary.

Defendant No. 1

Name

Shield #

Where Currently Employed
Address

Rev. 01/2010

1

Defendant No. 2

Name

Shield #

Where Currently Employed
Address

Defendant No. 3

Name

Shield #

Where Currently Employed
Address

W ho did
w hat?

Defendant No. 4

Name

Shield #

Where Currently Employed
Address

Defendant No. 5

Name

Shield #

Where Currently Employed
Address

II.

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.

In what institution did the events giving rise to your claim(s) occur?

B.

Where in the institution did the events giving rise to your claim(s) occur?

C.

What date and approximate time did the events giving rise to your claim(s) occur?

D.

Facts:

W hat
h ap p en ed
to you ?

Rev. 01/2010

2

W as
anyone
else
involved?

W ho else
saw w hat
h ap p en ed?

III.

Injuries:

If you sustained injuries related to the events alleged above, describe them and state what medical
treatment, if any, you required and received.

IV.

Exhaustion of Administrative Remedies:

The Prison Litigation Reform Act (" PLRA" ), 42 U. S. C. § 1997e(a), requires that “ [n]o action shall be
brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a
prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are
available are exhausted. ” Administrative remedies are also known as grievance procedures.
A.

Did your claim(s) arise while you were confined in a jail, prison, or other correctional facility?
Yes

Rev. 01/2010

No

3

If YES, name the jail, prison, or other correctional facility where you were confined at the time of the
events giving rise to your claim(s).

B.

Does the jail, prison or other correctional facility where your claim(s) arose have a grievance
procedure?
Yes

C.

No

Do Not Know

Does the grievance procedure at the jail, prison or other correctional facility where your claim(s)
arose cover some or all of your claim(s)?
Yes

No

Do Not Know

If YES, which claim(s)?
D.

Did you file a grievance in the jail, prison, or other correctional facility where your claim(s) arose?
Yes

No

If NO, did you file a grievance about the events described in this complaint at any other jail,
prison, or other correctional facility?
Yes
E.

No

If you did file a grievance, about the events described in this complaint, where did you file the
grievance?

1.

Which claim(s) in this complaint did you grieve?

2.

What was the result, if any?

3.
What steps, if any, did you take to appeal that decision? Describe all efforts to appeal to
the highest level of the grievance process.

F.

If you did not file a grievance:
1.

Rev. 01/2010

If there are any reasons why you did not file a grievance, state them here:

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2.

If you did not file a grievance but informed any officials of your claim, state who you
informed, when and how, and their response, if any:

G.

Please set forth any additional information that is relevant to the exhaustion of your administrative
remedies.

Note:

You may attach as exhibits to this complaint any documents related to the exhaustion of your
administrative remedies.

V.

Relief:

State what you want the Court to do for you (including the amount of monetary compensation, if any, that
you are seeking and the basis for such amount).

Rev. 01/2010

5

On
these
claims

VI.

Previous lawsuits:

A.

Have you filed other lawsuits in state or federal court dealing with the same facts involved in this
action?
Yes

B.

No

If your answer to A is YES, describe each lawsuit by answering questions 1 through 7 below. (If
there is more than one lawsuit, describe the additional lawsuits on another sheet of paper, using
the same format. )
1.

Parties to the previous lawsuit:

Plaintiff
Defendants
2. Court (if federal court, name the district; if state court, name the county)
3.

Docket or Index number

4.

Name of Judge assigned to your case

5.

Approximate date of filing lawsuit

6.

Is the case still pending? Yes

No

If NO, give the approximate date of disposition
7.

On
other
claim s

C.

What was the result of the case? (For example: Was the case dismissed? Was there
judgment in your favor? Was the case appealed?)

Have you filed other lawsuits in state or federal court otherwise relating to your imprisonment?
Yes

D.

No

If your answer to C is YES, describe each lawsuit by answering questions 1 through 7 below. (If
there is more than one lawsuit, describe the additional lawsuits on another piece of paper, using
the same format. )
1.

Parties to the previous lawsuit:

Plaintiff
Defendants
2.

Court (if federal court, name the district; if state court, name the county)

3.

Docket or Index number

4.

Name of Judge assigned to your case

5.

Approximate date of filing lawsuit

Rev. 01/2010

6

6.

Is the case still pending? Yes

No

If NO, give the approximate date of disposition
7.

What was the result of the case? (F or example: Was the case dismissed? Was there
judgment in your favor? Was the case appealed?)

I declare under penalty of perjury that the foregoing is true and correct.
Signed this

day of

, 20

.

Signature of Plaintiff
Inmate Number
Institution Address

Note:

All plaintiffs named in the caption of the complaint must date and sign the complaint and provide
their inmate numbers and addresses.

I declare under penalty of perjury that on this

day of

, 20

, I am 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:

Rev. 01/2010

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