Hassan v. Captain John Doe
- Ona Wang
- 1:18-cv-11194
- U.S. District Court · Southern District of New York
- 3
In Eslam Hassan v. Captain Jane Doe, Judge Wang ordered U.S. Marshals to serve two newly named doctors and set a 90-day service deadline.
Eslam Hassan, Dr. Sheree Givre, Dr. Amanda Holland-Yang, the Clerk of Court, and the U.S. Marshals Service.
What happened
Eslam Hassan v. Captain Jane Doe concerns Hassan’s pro se constitutional-rights lawsuit under a federal civil-rights law. Hassan, who was incarcerated, alleged that his rights were violated while he was detained at Rikers Island. The court had allowed him to proceed without paying filing fees, making service by the U.S. Marshals available.
After an earlier service attempt failed, Hassan amended his complaint and named Dr. Sheree Givre and Dr. Amanda Holland-Yang as defendants. The City of New York provided service addresses for both doctors. The order directed the Clerk to issue summonses and send the required paperwork to the Marshals.
The court ordered service on the two doctors through the Marshals and required Hassan to complete service within 90 days after the summonses issue, or request more time if needed. Judge Ona T. Wang signed the order.
The detailed version
- Hassan v. Captain John Doe · No. 1:18-cv-11194
- Ona Wang
- Jan. 14, 2020
Background
Eslam Hassan brought this pro se action under 42 U.S.C. § 1983, a federal law that permits claims for constitutional-rights violations by state actors. The opinion states that Hassan was incarcerated at Sing Sing Correctional Facility and alleged violations of his federal constitutional rights while he was detained at the Anna M. Kross Center on Rikers Island.
The court had previously permitted Hassan to proceed without paying filing fees. Because he was proceeding that way, the court and the U.S. Marshals Service could assist with service of the summons and complaint. An earlier attempt to serve Dr. Sheree Givre through NYC Health + Hospitals was unsuccessful because the organization refused to accept service.
On May 31, 2019, Hassan filed an amended complaint that again named Dr. Givre and added Dr. Amanda Holland-Yang. The opinion notes that Hassan listed the second doctor as “Amanda Holland,” while the City of New York identified her as Dr. Amanda Holland-Yang. After an order requiring the City to provide their last known addresses, the City supplied service addresses for both doctors at NYC Health + Hospitals/Elmhurst.
Order
The court directed the Clerk of Court to issue summonses for Dr. Givre and Dr. Holland-Yang, prepare the required service paperwork, and deliver it to the U.S. Marshals Service. The Marshals were directed to attempt service at the addresses provided by the City.
Under Federal Rule of Civil Procedure 4(m), Hassan had to complete service of the summons and complaint within 90 days after the summonses issued. The order stated that Hassan remained responsible for ensuring timely service or requesting an extension if necessary. The Clerk was also asked to mail Hassan a copy of the order.
Disposition and Significance
This was an order about serving defendants, not a decision on whether Hassan’s constitutional claims were valid. Judge Ona T. Wang ordered the specified service steps and imposed the stated service deadline. The opinion does not state whether service was ultimately completed or resolve the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.