Hill v. Officer Schlewit

Background

Joseph Hill, who is incarcerated at Westchester County Jail and proceeds without a lawyer, brought an action under 42 U.S.C. § 1983. He asserts claims arising from the alleged use of excessive force against him on April 25, 2025. The court had previously granted Hill permission to proceed without prepaying filing fees, a status commonly called proceeding in forma pauperis, or IFP.

Service of the Lawsuit

Because Hill is proceeding IFP, the court stated that he may rely on the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk of Court to complete the required U.S. Marshals Service forms, issue a summons for Officer Schlewit, and provide the Marshals Service with the documents needed to make service.

The court explained that service must occur within 90 days after the summonses are issued. If service is not completed by then, Hill should request an extension of time. The court also required Hill to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Automatic Discovery

The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer standard court-ordered discovery requests, including interrogatories and requests for documents. Officer Schlewit must serve responses within 120 days after service of the complaint and must quote each discovery request verbatim in the responses.

Disposition

The court directed the Clerk to issue the summons, complete the service forms, and send the necessary materials to the Marshals Service. It also directed the Clerk to mail Hill an information package and notified the parties that Local Civil Rule 33.2 applies. Judge Kenneth M. Karas certified that an appeal from this order would not be taken in good faith and denied IFP status for purposes of an appeal. The order does not state a ruling on the merits of Hill’s excessive-force claims.