UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLEON CLARK, Plaintiff, 24-CV-02147 (KMK) v. VALENTIN ORDER OFFICER HUTCHINSON; OFFICER MARTINEZ, Defendants. KENNETH M. KARAS, United States District Judge: Plaintiff, who currently is incarcerated at the Westchester County Jail, brings this Action, pro se, under 42 U.S.C. § 1983, against Mount Vernon Police Officers Hutchinson and Martinez. By order dated April 9, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. (Dkt. No. 6.)1 DISCUSSION A. Federal Rule of Civil Procedure 21 Plaintiff alleges on May 6, 2022, Officer Hutchinson, and three unidentified Mount Vernon police officers who are not named as defendants, used excessive force against him and falsely arrested him. (See generally Compl. (Dkt. No. 1).) The Clerk of Court is directed, under Rule 21 of the Federal Rules of Civil Procedure, to amend the caption of this action to add John Does 1–3 as Defendants. This amendment is without prejudice to any defenses that these Defendants may wish to assert once they have been identified.
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). B. Identifying Defendants Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the Court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the Complaint, Plaintiff supplies sufficient information to permit the Corporation Counsel of the City of Mount Vernon to ascertain the full names of Officers Hutchinson and Martinez,2 and the identities of the three
officers who were involved in the May 6, 2022, incident. It is therefore ordered that the Corporation Counsel of the City of Mount Vernon, which is the attorney for and agent of the Mount Vernon Police Department, must ascertain the identity and badge number of Officer Hutchinson, Officer Martinez, and the three John Does whom Plaintiff seeks to sue here and the address where Defendants may be served. The Corporation Counsel of the City of Mount Vernon must provide this information to Plaintiff and the Court within sixty days of the date of this Order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John 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 directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John Doe Defendants and deliver all documents necessary to effect service to the U.S. Marshals Service.
2 Plaintiff alleges that Mount Vernon Officer Martinez used excessive force against him outside of an AutoZone store on July 14, 2022. (Compl. ¶ V.) CONCLUSION The Clerk of Court is directed to: (1) mail a copy of this Order and the Complaint to the Corporation Counsel for the City of Mount Vernon, City Hall, 1 Roosevelt Square, Mount Vernon, NY 10550; and (2) mail an information package to Plaintiff. SO ORDERED.
Dated: April 11, 2024 White Plains, New York KENNETH M. KARAS United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
_____CV_______________ Write the full name of each plaintiff. (Include case number if one has been assigned)
AMENDED -against- COMPLAINT (Prisoner) Do you want a jury trial? ☐ Yes ☐ No
Write the full name of each defendant. 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 above must be identical to those contained in Section IV.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not 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. I. LEGAL BASIS FOR CLAIM State below the federal legal basis for your claim, if known. This form is designed primarily for prisoners challenging the constitutionality of their conditions of confinement; those claims are often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or in a “Bivens” action (against federal defendants). ☐ Violation of my federal constitutional rights ☐ Other: II. PLAINTIFF INFORMATION Each plaintiff must provide the following information. Attach additional pages if necessary.
First Name Middle Initial Last Name
State any other names (or different forms of your name) you have ever used, including any name you have used in previously filing a lawsuit.
Prisoner ID # (if you have previously been in another agency’s custody, please specify each agency and the ID number (such as your DIN or NYSID) under which you were held)
Current Place of Detention
Institutional Address
County, City State Zip Code III. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: ☐ Pretrial detainee ☐ Civilly committed detainee ☐ Immigration detainee ☐ Convicted and sentenced prisoner ☐ Other: IV. DEFENDANT INFORMATION To the best of your ability, provide the following information for each defendant. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are identical to those listed in the caption. Attach additional pages as necessary. Defendant 1: First Name Last Name Shield #
Current Job Title (or other identifying information)
Current Work Address
County, City State Zip Code Defendant 2: First Name Last Name Shield #
County, City State Zip Code Defendant 3: First Name Last Name Shield #
County, City State Zip Code Defendant 4: First Name Last Name Shield #
County, City State Zip Code V. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach additional pages as necessary. INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
VI. RELIEF State briefly what money damages or other relief you want the court to order. VII.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLEON CLARK, Plaintiff, 24-CV-02147 (KMK) v. VALENTIN ORDER OFFICER HUTCHINSON; OFFICER MARTINEZ, Defendants. KENNETH M. KARAS, United States District Judge: Plaintiff, who currently is incarcerated at the Westchester County Jail, brings this Action, pro se, under 42 U.S.C. § 1983, against Mount Vernon Police Officers Hutchinson and Martinez. By order dated April 9, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. (Dkt. No. 6.)1 DISCUSSION A. Federal Rule of Civil Procedure 21 Plaintiff alleges on May 6, 2022, Officer Hutchinson, and three unidentified Mount Vernon police officers who are not named as defendants, used excessive force against him and falsely arrested him. (See generally Compl. (Dkt. No. 1).) The Clerk of Court is directed, under Rule 21 of the Federal Rules of Civil Procedure, to amend the caption of this action to add John Does 1–3 as Defendants. This amendment is without prejudice to any defenses that these Defendants may wish to assert once they have been identified.
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). B. Identifying Defendants Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the Court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the Complaint, Plaintiff supplies sufficient information to permit the Corporation Counsel of the City of Mount Vernon to ascertain the full names of Officers Hutchinson and Martinez,2 and the identities of the three
officers who were involved in the May 6, 2022, incident. It is therefore ordered that the Corporation Counsel of the City of Mount Vernon, which is the attorney for and agent of the Mount Vernon Police Department, must ascertain the identity and badge number of Officer Hutchinson, Officer Martinez, and the three John Does whom Plaintiff seeks to sue here and the address where Defendants may be served. The Corporation Counsel of the City of Mount Vernon must provide this information to Plaintiff and the Court within sixty days of the date of this Order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John 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 directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John Doe Defendants and deliver all documents necessary to effect service to the U.S. Marshals Service.
2 Plaintiff alleges that Mount Vernon Officer Martinez used excessive force against him outside of an AutoZone store on July 14, 2022. (Compl. ¶ V.) CONCLUSION The Clerk of Court is directed to: (1) mail a copy of this Order and the Complaint to the Corporation Counsel for the City of Mount Vernon, City Hall, 1 Roosevelt Square, Mount Vernon, NY 10550; and (2) mail an information package to Plaintiff. SO ORDERED.
Dated: April 11, 2024 White Plains, New York KENNETH M. KARAS United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
_____CV_______________ Write the full name of each plaintiff. (Include case number if one has been assigned)
AMENDED -against- COMPLAINT (Prisoner) Do you want a jury trial? ☐ Yes ☐ No
Write the full name of each defendant. 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 above must be identical to those contained in Section IV.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not 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. I. LEGAL BASIS FOR CLAIM State below the federal legal basis for your claim, if known. This form is designed primarily for prisoners challenging the constitutionality of their conditions of confinement; those claims are often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or in a “Bivens” action (against federal defendants). ☐ Violation of my federal constitutional rights ☐ Other: II. PLAINTIFF INFORMATION Each plaintiff must provide the following information. Attach additional pages if necessary.
First Name Middle Initial Last Name
State any other names (or different forms of your name) you have ever used, including any name you have used in previously filing a lawsuit.
Prisoner ID # (if you have previously been in another agency’s custody, please specify each agency and the ID number (such as your DIN or NYSID) under which you were held)
Current Place of Detention
Institutional Address
County, City State Zip Code III. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: ☐ Pretrial detainee ☐ Civilly committed detainee ☐ Immigration detainee ☐ Convicted and sentenced prisoner ☐ Other: IV. DEFENDANT INFORMATION To the best of your ability, provide the following information for each defendant. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are identical to those listed in the caption. Attach additional pages as necessary. Defendant 1: First Name Last Name Shield #
Current Job Title (or other identifying information)
Current Work Address
County, City State Zip Code Defendant 2: First Name Last Name Shield #
County, City State Zip Code Defendant 3: First Name Last Name Shield #
County, City State Zip Code Defendant 4: First Name Last Name Shield #
County, City State Zip Code V. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach additional pages as necessary. INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
VI. RELIEF State briefly what money damages or other relief you want the court to order. VII. PLAINTIFF’S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. I understand that if I file three or more cases while I am a prisoner that are dismissed as frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in future cases. I also understand that prisoners must exhaust administrative procedures before filing an action in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be dismissed if I have not exhausted administrative remedies as required. I agree to provide the Clerk's Office with any changes to my address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case. Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.
Dated Plaintiff’s Signature
Prison Address
County, City State Zip Code
Date on which I am delivering this complaint to prison authorities for mailing: