Brown v. Laino
- Philip Halpern
- 7:24-cv-06677
- U.S. District Court · Southern District of New York
- 5
In Brown v. Laino, Judge Halpern ordered the Marshals Service to serve the defendants and required their responses to standard prisoner discovery requests.
Carl Brown; the 11 named defendants; the Clerk of Court and U.S. Marshals Service, which must handle service; and the defendants, who must respond to the specified discovery requests within 120 days after service.
What happened
In Brown v. Laino, Carl Brown, who is incarcerated and representing himself, sued employees of the New York State Department of Corrections and Community Supervision under a federal civil-rights law. He alleges that they violated his constitutional rights while he was incarcerated at Green Haven Correctional Facility.
Because the court had allowed Brown to proceed without paying filing fees upfront, it ordered the Clerk of Court to issue summonses and provide the necessary documents to the U.S. Marshals Service for service on the 11 defendants. The court also said Brown must request more time if service is not completed within 90 days after the summonses are issued, and must notify the court of any address change.
Judge Philip M. Halpern also ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond to Brown’s standard interrogatories and document requests within 120 days after being served. The order addressed service and discovery procedures; it did not decide whether Brown’s constitutional-rights claims are valid.
The detailed version
- Brown v. Laino · No. 7:24-cv-06677
- Philip Halpern
- Sept. 18, 2024
Background
Carl Brown, who is incarcerated at Shawangunk Correctional Facility and is representing himself, brought this action under 42 U.S.C. § 1983, a federal law allowing claims against state officials for violating constitutional rights. Brown alleges that the defendants violated his constitutional rights during his incarceration at Green Haven Correctional Facility.
The defendants named in the caption are Sgt. Laino, Sgt. Gunsett, C.O. Rogers, C.O. Kwartler, C.O. McNeil, C.O. Lewis, Lt. Anspach, Ashley Bartlett, Green Haven Superintendent Miller, Hearing Officer Gutwein, and Director of Special Housing Anthony Rodriguez. The opinion identifies these individuals as employees of the New York State Department of Corrections and Community Supervision.
Permission to Proceed Without Upfront Filing Fees
The court noted that, in an order dated September 11, 2024, it allowed Brown to proceed without prepaying filing fees. The court explained that prisoners must still pay the full filing fee even when granted that permission.
Service of the Complaint
Because Brown was allowed to proceed without prepaying filing fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue a summons for each defendant, and deliver the paperwork needed for the Marshals Service to complete service.
The court stated that if the complaint is not served within 90 days after the summonses are issued, Brown should request an extension of time. It also required Brown to notify the court in writing if his address changes and stated that the court may dismiss the action if he fails to do so.
Discovery
The court ruled that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain prisoner cases to respond to specific, court-ordered discovery requests. The defendants must serve responses to the standard interrogatories and requests for production of documents within 120 days after service of the complaint, and their responses must quote each request verbatim. The court noted that Brown may request copies of the discovery requests from the Pro Se Intake Unit if he cannot access them online.
Disposition
The order instructed the Clerk of Court to issue summonses, complete the service forms with each defendant’s address, and provide the documents to the U.S. Marshals Service. It also instructed the Clerk to mail Brown a copy of the order and an information package, and stated that Local Civil Rule 33.2 applies. The opinion does not decide the merits of Brown’s constitutional-rights allegations. Judge Philip M. Halpern entered the order on September 18, 2024.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.