Opinion
22-CV-4055 (JGK)
09-27-2022
ROBERT DEREK LURCH, JR., Plaintiff, v. P.O. JOHN DOE #1 (on duty on August 20, 2021, dispatched to 44 st. between 7th and 6th ave, during the 11 pm to 7 am shift); P.O. JOHN DOE #2 (same as John Doe #1); P.O. JANE DOE #1 (same as John Doe #l/same identifying info), Defendants.
VALENTIN ORDER
JOHN G. KOELTL, UNITED STATES DISTRICT JUDGE
Plaintiff, who is currently incarcerated at Rikers Island, brings this pro se action under 42 U.S.C. § 1983 alleging that, on August 20, 2021, after he was assaulted and robbed, police officers unlawfully detained him under New York Mental Health Law § 9.41 and transported him to Bellevue Hospital for psychiatric evaluation. By order dated August 4, 2022, the Court granted Plaintiff's request to proceed inform a pauperis (IFP), that is, without prepayment of fees.
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).
DISCUSSION
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 New York City Police Department (NYPD) to identify the three John and Jane Doe police officers who seized and transported Plaintiff to Bellevue Hospital on August 20, 2021. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the NYPD, must ascertain the identity and badge number of each John and Jane Doe whom Plaintiff seeks to sue here and the addresses where the defendants may be served. 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 of receiving this information, Plaintiff must file a second amended complaint naming the John and Jane Doe defendants. The second amended complaint will replace, not supplement, the amended complaint. A second amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed a second amended complaint, the Court will screen the second amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John and Jane Doe defendants and deliver to the U.S. Marshals Service all documents necessary to effect service.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, New York 10007. A second amended complaint form is attached to this order.
The Clerk of Court is further directed to mail an information package to Plaintiff.
SO ORDERED.
NOTICE
The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore nor contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual's birth; a minor's initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.