Perry v. Monaco
- Lewis Liman
- 1:24-cv-08736
- U.S. District Court · Southern District of New York
- 2
In Perry v. Monaco, Judge Liman granted Perry leave to amend, ordered Marshals service of the amended complaint, and referred sealing procedures to court rules.
William Perry and the defendants identified for service, including the City of New York, Alvin Bragg, the listed assistant district attorneys, and the listed district attorney officers.
What happened
In Perry v. Monaco, William Perry, who is representing himself, had not yet served his original complaint. He asked for permission to file an amended complaint adding defendants.
The court allowed Perry to amend because the deadline for amending as a matter of course had not started before service. It directed the U.S. Marshals Service to serve the amended complaint on the defendants, including the City of New York and the listed prosecutors and officers. Perry also asked to file part of a proposed temporary-restraining-order filing under seal.
Judge Lewis J. Liman referred Perry to the court’s procedures for sealed or redacted filings. The order did not state a ruling on the proposed temporary restraining order or the merits of Perry’s claims.
The detailed version
- Perry v. Monaco · No. 1:24-cv-08736
- Lewis Liman
- Mar. 28, 2025
Background
William Perry is proceeding without a lawyer. On December 20, 2024, the court granted his request to proceed without paying the filing fee. The court later directed the Clerk of Court to prepare paperwork and summonses so the U.S. Marshals Service could serve the named defendants. The opinion states that service had not yet occurred.
Amended Complaint
On March 10, 2025, Perry moved for permission to file an amended complaint adding new defendants. Federal Rule of Civil Procedure 15(a)(1)(A) generally permits one amendment as a matter of course no later than 21 days after the original pleading is served. Because Perry had not served his original complaint, the court concluded that this 21-day period had not begun. The court nevertheless granted Perry leave to amend because of the special consideration given to people representing themselves.
Service
The court directed the Clerk to prepare U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary paperwork to the Marshals Service. The Marshals Service was ordered to serve Perry’s amended complaint instead of his original complaint. The defendants identified for service were the City of New York; New York County District Attorney Alvin Bragg; New York County Assistant District Attorneys Mark Anthony Monaco, Lisa Del Pizo, Stuart Silberg, Erin Tierney, Shira Arnow, Alexandra Wynne, and Hannah Perlman; and New York County District Attorney Officers Thomas Mullins and Donya Bardliving.
Sealing Request
Perry submitted a March 17, 2025 letter stating that he intended to refile a motion for a temporary restraining order and asking to file part of the proposed order to show cause under seal. The court referred him to Attachment A of Judge Liman’s Individual Rules of Practice, which explains the procedure for sealed or redacted filings. The order does not state that the sealing request or the proposed temporary restraining order was granted or denied.
Disposition
Judge Lewis J. Liman granted Perry leave to amend and directed service of the amended complaint through the U.S. Marshals Service. The order did not decide the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.