Pitt v. County of Rockland

Background

Malcolm Pitt, who is incarcerated at Collins Correctional Facility, brought the action without a lawyer against the County of Rockland and Correctional Officer Salvatore Librizzi. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal civil-rights statute, and under state law. Pitt seeks damages. The court had previously granted Pitt permission to proceed without prepaying filing fees.

Service of the Complaint

Because Pitt was allowed to proceed without prepaying fees, the court directed that he may rely on the court and the United States Marshals Service to serve the defendants. The Clerk of Court was ordered to issue a summons for each defendant, complete a USM-285 form for each defendant, and provide the Marshals Service with the documents needed to serve the summonses and complaint.

The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, Pitt should ask for more time. Pitt must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Discovery Requirement

The court determined that Local Civil Rule 33.2 applies. That rule requires certain defendants in some prisoner actions to respond to specified discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days after service of the summons and complaint, and their responses must quote each request verbatim.

Disposition

The court directed the Clerk to mail Pitt an information package, issue summonses, complete the service forms, and deliver the necessary papers to the United States Marshals Service. It further directed the defendants to comply with Local Civil Rule 33.2 within 120 days after service. This order did not decide the merits of Pitt’s federal or state-law claims.