Wrobleski v. The City of New York

Background

Jessica Wrobleski, proceeding without a lawyer, brought claims under 42 U.S.C. § 1983, a federal law that allows claims against certain state or local actors for violating constitutional rights. The defendants identified in the order are Little Flower Children and Family Services, Barbara Simon, Sheila Johnson, David Usdan, and the City of New York.

The court had previously granted Wrobleski permission to proceed without paying filing fees in advance. The order explains that a plaintiff proceeding under that permission may rely on the court and the U.S. Marshals Service to serve the summons and complaint.

Service of Process

Federal Rule of Civil Procedure 4 generally requires service within 90 days after the complaint is filed. The court held that Wrobleski could not have served the defendants before the court reviewed the complaint and directed that a summons be issued. The court therefore extended the time for service until 90 days after the summons is issued.

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summons, and deliver the necessary paperwork to the Marshals Service. The order states that, if service is not completed within that period, Wrobleski should request an extension of time.

Disposition

Judge Vernon S. Broderick entered an order directing the Clerk to mail Wrobleski a copy of the order and an information package and to provide the Marshals Service with the documents needed to serve Little Flower Children and Family Services, Barbara Simon, Sheila Johnson, David Usdan, and the City of New York. Wrobleski must notify the court in writing if her address changes; the order states that the court may dismiss the action if she fails to do so. The order addresses service of process and does not decide whether the alleged constitutional violations occurred.