Mescall v. Whittingham
- Kenneth Karas
- 7:25-cv-02175
- U.S. District Court · Southern District of New York
- 5
In Mescall v. Whittingham, Judge Karas ordered service and address assistance for defendants while allowing Mescall’s constitutional-rights case to continue.
Sean Mescall, the defendants named for service, the Clerk of Court, the U.S. Marshals Service, and the New York and federal government offices directed to locate service addresses are affected. The order permits the case to proceed through service and amendment but does not resolve the constitutional claims.
What happened
In Mescall v. Whittingham, Sean Mescall sued multiple people and government offices, claiming violations of his federal constitutional rights and seeking money and court orders. The court had allowed him to proceed without paying filing fees and without a lawyer.
The court ordered the Clerk and the U.S. Marshals Service to prepare and carry out service on the defendants identified in the order. It also directed government legal offices to find service addresses for defendants whose addresses were unavailable. Mescall must file an amended complaint containing those addresses after receiving the information, and the court will then screen that complaint.
Judge Kenneth M. Karas did not decide whether Mescall’s constitutional claims were valid. He ordered service and related assistance, and denied fee-free status for any appeal from this order after certifying that such an appeal would not be taken in good faith.
The detailed version
- Mescall v. Whittingham · No. 7:25-cv-02175
- Kenneth Karas
- Apr. 23, 2025
Background
Sean Mescall brings federal constitutional-rights claims against multiple individuals and government entities. He seeks damages and injunctive relief, meaning court orders requiring or prohibiting conduct. The opinion states that Mescall was allowed to proceed without paying filing fees and that he is proceeding without a lawyer.
Service of process
Because Mescall was allowed to proceed without paying filing fees, the court ordered the Clerk of Court and the United States Marshals Service to assist with serving the defendants. The Clerk must prepare service forms and summonses for the defendants identified in the order and provide the necessary paperwork to the Marshals Service.
The order states that service should occur within 90 days after the summonses issue. It also states that Mescall must ask for an extension if service is not completed within that period. Mescall must notify the court in writing if his address changes.
Service addresses and amended complaint
The court directed the New York City Law Department to find service addresses for specified individuals and entities associated with the Manhattan District Attorney’s Office and for the City of New York. It directed the New York Attorney General’s Office to provide an address for Letitia James and directed the U.S. Attorney’s Office for the Southern District of New York to provide an address for the U.S. Probation Officer identified in the complaint.
Those offices must provide the address information to Mescall and the court within 60 days. Within 30 days after receiving the information, Mescall must file an amended complaint identifying the defendants’ service addresses. The amended complaint will replace, rather than add to, the original complaint. The court will screen the amended complaint and may later issue another service order.
Ruling and effect
Judge Kenneth M. Karas ordered service on the defendants listed in the order, directed the relevant government offices to provide service-address information, and directed the Clerk to mail Mescall an information package and copies of the order and complaint to those offices. The order does not decide the merits of Mescall’s constitutional claims. The court also certified that any appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.