Sally v. Jeronimo

Background

Raymond E. Sally, who is in pretrial detention at the George R. Vierno Center on Rikers Island, brought this civil-rights action without a lawyer under 42 U.S.C. § 1983. He alleges that, on an unspecified date on Grand Street in lower Manhattan, Captain Pamela A. Jeronimo “let” Police Officer Frazier assault him. According to the complaint, Sally was taken to Bellevue Hospital and issued a desk appearance ticket.

The court had previously granted Sally permission to proceed without paying filing fees in advance. Because he was proceeding without prepaying those fees, the court explained that the court and the U.S. Marshals Service would arrange service of the complaint.

Ruling

Judge Jennifer H. Rearden ordered the Clerk of Court to issue summonses for Captain Pamela A. Jeronimo and Officer Frazier, complete a U.S. Marshals Service process receipt and return form for each defendant, and provide the Marshals Service with the documents needed to serve them. The listed service addresses were the 9th Precinct at 321 E. 5th Street, New York, New York 10003.

The court stated that service must occur within 90 days after the summonses are issued. If service is not completed by then, Sally should request an extension of time. The court also directed Sally to notify it in writing of any address change and stated that the action could be dismissed if he fails to do so. The order addressed service and related case administration; it did not decide the merits of Sally’s assault allegations.