McKinley v. Detective Kyle Crevatas ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARK McKINLEY, Plaintiff, -v.- POLICE OFFICER JOHN DOE, Shield No. 947732; POLICE OFFICER JOHN DOE, working in the 9th Precinct; 20 Civ. 3606 (KPF) POLICE OFFICER JOHN DOE, working special narcotics north; POLICE ORDER OFFICER JOHN DOE, working special narcotics north; POLICE OFFICER JOHN DOE, working special narcotics north; NEW YORK CITY POLICE DEPARTMENT, 9TH PRECINCT; CITY OF NEW YORK, Defendants. KATHERINE POLK FAILLA, District Judge: On May 11, 2020, the Court issued an order, pursuant to Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997), directing the Corporation Counsel for the City of New York (“Corporation Counsel”) to fully identify five “John Doe” defendants named in Plaintiff’s complaint and to inform Plaintiff and the Court of that information. (Dkt. #7). By letter dated July 10, 2020, Corporation Counsel informed the Court and Plaintiff of the identities and badge numbers of three of the five John Doe Defendants but requested that Plaintiff provide additional information to aid them in identifying the remaining two officers. (Dkt. #12). Pursuant to the Court’s July 13, 2020 Order directing Plaintiff to provide additional identifying information (Dkt. #13), Plaintiff provided supplemental information about the remaining John Doe Defendants in a letter filed on August 4, 2020 (Dkt. #15). Corporation Counsel is hereby ordered to ascertain the full identity and badge numbers (if applicable) of the two remaining “John Doe” Defendants, and to provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days after receiving this information, Plaintiff must file an amended complaint with the true names of the John Doe defendants.! The amended complaint will replace, not supplement, the original complaint. An amended complaint form for Plaintiff to complete after receiving this information is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen it 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 to the U.S. Marshals Service all documents necessary to effect service. SO ORDERED. Dated: August 11, 2020 . □□ □ New York, New York Kittens fal. flr KATHERINE POLK FAILLA of this Order was mailed by Chambers to: United States District Judge rk McKinley N No. 18A3270 mira Correctional Facility O. Box 500 mira, NY 14902 1 Plaintiff has already amended his complaint to name as defendants the three officers that Corporation Counsel identified in its July 10, 2020 letter. (Dkt. #14). However, the Court will grant Plaintiff leave to amend the Complaint again if any additional Defendants are identified. DEFENDANTS AND SERVICE ADDRESSES City of New York New York City Law Department 100 Church Street New York, NY 10007 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 # 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 County, City State Zip Code Defendant 4: First Name Last Name Shield # Current Job Title (or other identifying information) Current Work Address 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 First Name Middle Initial Last Name Prison Address County, City State Zip Code Date on which I am delivering this complaint to prison authorities for mailing: