Latouche v. Bodge

Background

Valery LaTOUCHE, who is incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. That law allows a person to sue for alleged violations of federal constitutional rights by a person acting under state authority. The opinion says LaTOUCHE alleges that Lieutenant Brian J. Bodge and Elaine Velez violated his federal constitutional rights, but it does not describe the underlying allegations in detail.

The court had previously granted LaTOUCHE permission to proceed without paying court fees upfront. This permission allows the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendants. The opinion notes that prisoners still generally remain responsible for the full filing fee, even when granted this permission.

Service order

The court instructed the Clerk of Court to complete a U.S. Marshals Service process form for each defendant, issue summonses, and deliver the paperwork needed for service to the Marshals Service. The defendants identified for service were Brian J. Bodge and Elaine Velez.

The court stated that the complaint must be served within 90 days after the summonses are issued. If service is not completed by then, LaTOUCHE should request more time. LaTOUCHE must also notify the court in writing if his address changes; the court stated that failure to do so could result in dismissal of the action.

Disposition

Judge Philip M. Halpern ordered the Clerk to issue the summonses, complete the service forms with each defendant’s address, and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail LaTOUCHE an information package. This order concerns service of the lawsuit and does not decide whether LaTOUCHE’s constitutional-rights claims are valid.