Fluitt v. Baxter

• Court: District Court, W.D. New York
• Decided: February 23, 2024
• Docket: 6:22-cv-06507
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

TARUS FLUITT,

Plaintiff,

v. 22-CV-6507-FPG ORDER PSB DEPUTY JOHN DOE, DEPUTY JOHN DOE 1, DEPUTY JOHN DOE 2, AND CORPORAL JOHN DOE 3,

Defendants.

Pursuant to Valentin v. Dinkins, 121 F.3d 72, 75 (2d Cir. 1997), the Court has assisted pro se Plaintiff Tarus Fluitt by directing the Monroe County Attorney to provide names and service addresses for the John Doe Defendants. ECF No. 11 at 14. The County Attorney’s response indicates that there were two Deputies who were assigned to the PSB on the date and time alleged in the amended complaint, see ECF No. 8 at 6, either of whom could be PSB Deputy John Doe, to wit: Thomas Baird or Mark Hoffman. ECF No. 14 at 1. And that there were three Deputies assigned to the Second Floor where Plaintiff was moved to as alleged in the amended complaint, see ECF No. 8 at 6-9, who could be Deputy John Doe 1 and Deputy John Doe 2, they are: Brandon Montesano, David Schmidt, and Matthew Pheilshifter. ECF No. 14 at 2. “The ‘general principle of tort law that a tort victim who cannot identify the tortfeasor cannot bring suit’ has been relaxed in actions brought by pro se litigants, but it has not been eliminated.” Dolce v. Suffolk Cnty., No. 12-CV-0108 (JFB) (WDW), 2014 WL 655371, at *6 (E.D.N.Y. Feb. 20, 2014) (quoting Valentin, 121 F.3d at 75), aff’d, 599 F. App’x 15 (2d Cir. 2015). Accordingly, Plaintiff is ORDERED that within 30 days of the date of this order, he shall file with the Court a response identifying PSB Deputy John Doe, Deputy John Doe 1, and Deputy John Doe 2 based on the information provided by the Monroe County Attorney. If Plaintiff is unable to identify these Defendants with the information provided, his response shall include any information, such as physical descriptions, that might assist in identifying these Doe Defendants. The Clerk of Court is directed to send to Plaintiff with this order a copy of the Declaration filed by the Monroe County Attorney (ECF No. 14). SO ORDERED. Dated: February 23, 2024 Rochester, New York HON. FRANK P.GERACI, JR. United States District Judge Western District of New York