Swinson v. The City of New York

Background

Randy Swinson, who was detained at the Manhattan Detention Center and was proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. That statute allows a person to seek relief for alleged violations of federal constitutional rights by people acting under state law. Swinson named the City of New York, correctional officials, medical personnel, and Correctional Health Services as defendants. The opinion does not state the specific constitutional violations alleged.

The court had granted Swinson permission to proceed without paying court fees upfront in an order dated January 23, 2020. In such cases, federal law and the Federal Rules of Civil Procedure require the court to direct the U.S. Marshals Service to serve process when the plaintiff provides the information needed to identify the defendants.

Service of Process

The usual deadline for serving a summons and complaint is 90 days after the complaint is filed. Because Swinson could not serve the defendants until the court reviewed the complaint and ordered summonses issued, the court extended his service deadline to 90 days after the summons was issued. The court stated that Swinson should ask for another extension if service was not completed within that period.

For the City of New York, Assistant Deputy Warden Elyn Rivera, and Security Captain John Hernandez, the court requested that the defendants waive service of summons. For Physician’s Assistant Ira Gornish; Dr. Teresa Cuadra; Physician’s Assistant Hester Moulton; Physician’s Assistant Bessie Flores-Clemente; Dr. Justin Wilson; Physician’s Assistant Laura Hunt; Dr. Carolyn Dickie; and Correctional Health Services, the court directed the clerk to prepare U.S. Marshals Service forms, issue summonses, and provide the Marshals Service with the documents needed to complete service.

Dr. Mayers

The opinion states that Dr. Debra Mayers was on military leave until February 2021 and that New York Health + Hospitals could not accept service for her until she returned. The court noted that the Servicemembers Civil Relief Act might entitle her to a stay of proceedings and said it would revisit the issue later.

Ruling and Effect

Judge Katherine Polk Failla entered an order concerning service of process. The order directed the clerk to mail Swinson the order and an information package, notify the relevant correctional and law departments, prepare the service documents, and deliver them to the Marshals Service. Swinson was also required to notify the court in writing if his address changed, and the court stated that it might dismiss the action if he failed to do so. The order did not decide the merits of Swinson’s constitutional-rights claims.