DeLaney v. Perez
- Nelson Roman
- 7:19-cv-06084-NSR
- U.S. District Court · Southern District of New York
- 3
In DeLaney v. Perez, Judge Roman ordered another service attempt on Harrison through the Marshals Service and reminded DeLaney about the 90-day deadline.
Clarence DeLaney, Jr., and Shanikqua Harrison are directly affected. The Clerk of Court and the U.S. Marshals Service were directed to take steps to serve Harrison.
What happened
DeLaney v. Perez is a civil-rights case brought by Clarence DeLaney, Jr., without a lawyer, under a federal civil-rights law. He alleges wrongful confinement, inadequate medical care, and failure to accommodate his disability at two facilities.
The court had previously directed the U.S. Marshals Service to serve several defendants. Defense counsel reported that Shanikqua Harrison had not been served because she no longer worked at Downstate Correctional Facility and identified Green Haven Correctional Facility as her proper service location.
Judge Nelson S. Roman directed the Clerk of Court to prepare and issue the needed service papers for Harrison and deliver them to the Marshals Service. The order also reminded DeLaney that service must be completed within 90 days after the summons is issued, unless he requests more time.
The detailed version
- DeLaney v. Perez · No. 7:19-cv-06084-NSR
- Nelson Roman
- Dec. 9, 2019
Background
Clarence DeLaney, Jr., brought this action without a lawyer under 42 U.S.C. § 1983. The opinion says he alleges that defendants wrongfully confined him at Downstate Correctional Facility, failed to provide medical attention at Downstate, failed to provide medical attention at Willard Drug Treatment Center, and failed to reasonably accommodate his disability at Willard.
On August 30, 2019, the court directed the Clerk to issue a summons and provide the U.S. Marshals Service with the documents needed to serve Superintendent Ada Perez, Melissa M. Pickett, Shanikqua Harrison, Dr. W. Stolfi, and Dr. Quinones. On December 5, 2019, counsel for the defendants notified the court that Harrison remained unserved and unrepresented because she no longer worked at Downstate, the service address previously identified for her. Counsel stated that, based on the information available, Harrison's proper service location was Green Haven Correctional Facility.
Ruling
Judge Nelson S. Roman directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Harrison, using Green Haven Correctional Facility, 594 Rt. 216, Stormville, New York 12582, as her service address. The Clerk was also directed to issue a summons and provide the Marshals Service with all paperwork necessary to serve Harrison.
The order stated that DeLaney is responsible for ensuring that service is completed within 90 days after the summons is issued and, if needed, requesting an extension of time. The Clerk was directed to mail DeLaney a copy of the order and record proof of mailing on the docket. The order addressed service only; the opinion does not decide the merits of DeLaney's allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.