Morabito v. Westchester County

Background

Jeffrey Morabito brings the action representing himself under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973. He alleges that Westchester County, Wellpath LLC, and individual defendants violated his rights and the law by providing inadequate medical treatment for his opioid withdrawal symptoms.

The court previously allowed Morabito to proceed without prepaying filing fees. In such cases, the court and the U.S. Marshals Service assist with serving the defendants. Counsel for all defendants told the court that they agreed to execute waivers of service for their respective clients who had not been served.

Court’s Action

The court instructed the Clerk of Court to complete a waiver-of-service form for each of these eight defendants: George Latimer, Joseph Spano, Edith Onua, Sara George, Zoeth Stone-Edwards, Eric Paolilli, M.D. Raul Ulloa, and Michael Kunz. The Clerk was also asked to provide the Marshals Service with the paperwork required by the forms, including two copies of each completed form, so the Marshals Service could mail them to defense counsel at the addresses appended to the order.

The court stated that if service was not waived within 90 days after the order, Morabito should request an extension of time for service. It also reminded him that he must notify the court in writing if his address changes and that the case could be dismissed if he fails to do so.

Disposition and Significance

The order addressed service of process only. It did not decide whether Morabito’s allegations are legally or factually valid, and it did not rule on the merits of his claims. The Clerk was instructed to prepare and transmit the service paperwork, and the court asked that a copy of the order be mailed to Morabito.