UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT DEREK LURCH, JR., Plaintiff, -against- P.O. JOHN DOE #1 (on duty on August 20, 22-CV-4055 (JGK) 2021 pated ot, bey weiohy | VALENTIN ORDER DOE #2 (same as John Doe #1); P.O. JANE DOE #1 (same as John Doe #1/same identifying info), Defendants.
JOHN G. KOELTL, United States District Judge: Plaintiff, who is currently incarcerated at Rikers Island, brings this pro se action under 42 ULS.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 in forma pauperis (IFP), that is, without prepayment of fees.! 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
' 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).
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 Plaintilf, SO ORDERED. pace New York, New York ( og. / j iY □□ Relate
Waited States District Judge
eee □□□□□□□□□□□□□□□□□□□□□□□ eee eee SS SS
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) SECOND AMENDED ~against- COMPLAINT (Prisoner) Do you want a jury (rial? OT OhYes ONo
Write the full name of each defendant. Hf 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 lV.
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.
Rev. 5/20/16
1, 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: Il. 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 Ill. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: [} Pretrial detainee [2 Civilly committed detainee L} Immigration detainee [3 Convicted and sentenced prisoner [> Other:
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IV. DEFENDANT INFORMATION To the best of your ability, provide the following information for each defendant. lf 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 #
_ Current Job Title (or other identifying information) Current Work Address County, City State Zip Code Defendant 3: First Name Last Name Shield #
Current Job Title (or other identifying information)
Current Work Address ee County, City State Zip Code Defendant 4: First Name Last Name Shield # oe Current Job Title (or other identifying information)
County, City State Zip Code
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Vv. 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.
es
nn i a nn i ee
Page 4
i □□ th ee INJURIES: if you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
ee i i rt A VI. RELIEF State briefly what money damages or other relief you want the court to order.
a is ee i □ i
Page 5
VII.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ROBERT DEREK LURCH, JR., Plaintiff, -against- P.O. JOHN DOE #1 (on duty on August 20, 22-CV-4055 (JGK) 2021 pated ot, bey weiohy | VALENTIN ORDER DOE #2 (same as John Doe #1); P.O. JANE DOE #1 (same as John Doe #1/same identifying info), Defendants.
JOHN G. KOELTL, United States District Judge: Plaintiff, who is currently incarcerated at Rikers Island, brings this pro se action under 42 ULS.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 in forma pauperis (IFP), that is, without prepayment of fees.! 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
' 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).
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 Plaintilf, SO ORDERED. pace New York, New York ( og. / j iY □□ Relate
Waited States District Judge
eee □□□□□□□□□□□□□□□□□□□□□□□ eee eee SS SS
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) SECOND AMENDED ~against- COMPLAINT (Prisoner) Do you want a jury (rial? OT OhYes ONo
Write the full name of each defendant. Hf 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 lV.
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.
Rev. 5/20/16
1, 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: Il. 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 Ill. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: [} Pretrial detainee [2 Civilly committed detainee L} Immigration detainee [3 Convicted and sentenced prisoner [> Other:
Page 2
IV. DEFENDANT INFORMATION To the best of your ability, provide the following information for each defendant. lf 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 #
_ Current Job Title (or other identifying information) Current Work Address County, City State Zip Code Defendant 3: First Name Last Name Shield #
Current Job Title (or other identifying information)
Current Work Address ee County, City State Zip Code Defendant 4: First Name Last Name Shield # oe Current Job Title (or other identifying information)
County, City State Zip Code
Page 3
Vv. 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.
es
nn i a nn i ee
Page 4
i □□ th ee INJURIES: if you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
ee i i rt A VI. RELIEF State briefly what money damages or other relief you want the court to order.
a is ee i □ i
Page 5
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, T 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. 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. Hf seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.
Dated Plaintiff's Signature First Name Middle tnitial Last Name Prison Address County, City State Zip Code
Date on which | am delivering this complaint to prison authorities for mailing:
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