Slade v. City of New York

Background

Ricco Devon Slade, who is incarcerated at Auburn Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against state or local officials and entities. The opinion states that the court had previously granted Slade permission to proceed without paying the filing fee upfront.

Because Slade was proceeding without a lawyer and had received that permission, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.

Order

The court directed the Clerk of Court to issue summonses for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and send the necessary paperwork to the Marshals Service. The Clerk was also directed to mail Slade an information package and a copy of the order.

The court extended the time for service until 90 days after the summonses are issued. If the complaint is not served within that period, Slade must request an extension. The court also stated that Slade must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

The court requested that the City of New York waive service of the summons. It also notified the New York City Department of Correction and the New York City Law Department of the order. The order identified a private organization, the City Bar Justice Center, as a possible source of limited legal assistance, while explaining that the organization is not part of the court and cannot accept court filings for Slade.

Disposition and significance

The court entered an order of service. It did not rule on the merits of Slade’s civil-rights claims or determine whether any defendant violated federal law. The ruling was limited to arranging service and providing related procedural instructions.