Terry v. The City of New York
- Edgardo Ramos
- 1:20-cv-00081
- U.S. District Court · Southern District of New York
- 6
In Terry v. City of New York, Judge Ramos ordered service arrangements for Christopher Terry’s civil-rights lawsuit and extended the service deadline.
Christopher Terry and the defendants named in the lawsuit, including the City of New York, correctional employees, medical staff, and Correctional Health Services.
What happened
Terry v. The City of New York concerns Christopher Terry’s pro se lawsuit alleging that the defendants violated his constitutional rights. The opinion says Terry was incarcerated at the Manhattan Detention Complex and had permission to proceed without paying court fees in advance.
The court extended the deadline for service until 90 days after the summons is issued. It asked the City of New York, Elyn Rivera, and John Hernandez to waive service, and directed the Clerk and U.S. Marshals Service to handle service on the listed medical defendants. The court also said it would later consider whether Dr. Debra Mayers is entitled to a stay because she was on military leave.
Judge Edgardo Ramos issued an order of service on February 3, 2020. The order addressed service and related administrative matters; it did not decide whether Terry’s constitutional claims were valid.
The detailed version
- Terry v. The City of New York · No. 1:20-cv-00081
- Edgardo Ramos
- Feb. 3, 2020
Background
Christopher Terry, who was incarcerated at the Manhattan Detention Complex, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by people acting under state law. The opinion identifies the defendants as the City of New York; Assistant Deputy Warden Elyn Rivera; Security Captain John Hernandez; Dr. Debra Mayers; several physician’s assistants and doctors; and Correctional Health Services.
The court had previously granted Terry permission to proceed without paying court fees in advance. Because he was proceeding under that permission, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants.
Service Deadline
Federal Rule of Civil Procedure 4 generally requires service within 90 days after a complaint is filed. The court extended Terry’s service deadline until 90 days after the summons is issued because he could not serve the summons and complaint before the court reviewed the complaint and ordered that a summons be issued. The court stated that Terry should request another extension if service is not completed within that period.
Directions for Service
The Clerk of Court was directed to notify the New York City Department of Correction and the New York City Law Department about the order. The court requested that the City of New York, Elyn Rivera, and John Hernandez waive service of the summons.
For Ira Gornish, Teresa Cuadra, Hester Moulton, Bessie Flores-Clemente, Justin Wilson, Laura Hunt, Carolyn Dickie, and Correctional Health Services, the Clerk was directed to prepare U.S. Marshals Service process forms, fill in the available addresses, and provide the required paperwork to the Marshals Service so it could attempt service.
The opinion states that Dr. Debra Mayers was on military leave until February 2021 and that a representative of New York Health + Hospitals said the organization could not accept service for her until she returned. The court noted that Mayers might be entitled to a stay of proceedings under the Servicemembers Civil Relief Act and said it would revisit that issue later.
Other Instructions and Disposition
The Clerk was directed to mail Terry a copy of the order and an information package. Terry was 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.
Judge Edgardo Ramos entered an order directing these service-related steps. The opinion does not rule on the merits of Terry’s constitutional claims and does not state that any claim or defendant was dismissed.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.