Scales v. New York Police Department
- Sidney Stein
- 1:23-cv-09116
- U.S. District Court · Southern District of New York
- 4
In Scales v. New York Police Department, Judge Stein ordered Marshals service for three defendants after Scales filed an amended complaint.
Williams Scales; the City of New York; Officers Debora Matias and Thomas Palmato; the Clerk of Court; and the U.S. Marshals Service. The order also addresses, but does not authorize service on, the New York Police Department and the Fire Department.
What happened
In Scales v. New York Police Department, Williams Scales, representing himself, filed a Third Amended Complaint after receiving permission to proceed without paying filing fees. The complaint names the City of New York, Officer Debora Matias, and Officer Thomas Palmato as defendants.
The court instructed the Clerk to issue summonses, prepare service forms, and send the required papers to the U.S. Marshals Service. Service must occur within 90 days after the summonses are issued, unless Scales requests more time. The court also said it would not authorize service on the New York Police Department or the Fire Department because they are not suable entities.
Judge Gary Stein ordered the Clerk to arrange service on the City, Officer Matias, and Officer Palmato. The order did not decide the underlying claims.
The detailed version
- Scales v. New York Police Department · No. 1:23-cv-09116
- Sidney Stein
- May 8, 2025
Background
Williams Scales, who is representing himself, filed a Third Amended Complaint on May 5, 2025, in compliance with an earlier court order. The opinion states that Scales had permission to proceed without paying the filing fee. In the Third Amended Complaint, he names the City of New York, Officer Debora Matias, and Officer Thomas Palmato as defendants.
Service of process
Because Scales is proceeding without paying the filing fee, the court explained that he may rely on the court and the U.S. Marshals Service to serve the defendants. Service of process is the formal delivery of the complaint and summons to a defendant.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the City, Officer Matias, and Officer Palmato; issue summonses; and provide the Marshals Service with the documents needed to complete service. The court extended the service deadline so that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Scales should request an extension of time. The court also instructed Scales to notify it in writing if his address changes and warned that the action may be dismissed if he fails to do so.
New York Police Department and Fire Department
The order states that, to the extent the Third Amended Complaint is understood to name the New York Police Department as a defendant, the court does not authorize service on the NYPD or the Fire Department because they are not suable entities.
Ruling
Judge Gary Stein ordered the Clerk to issue summonses and arrange Marshals service on the City of New York, Officer Debora Matias, and Officer Thomas Palmato. The order concerns service and does not resolve the merits of Scales's claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.