Davis v. Westchester County

Background

Michael Davis, who was being held at the Westchester County Jail, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing certain civil-rights claims against government actors. He sought damages and declaratory relief. The defendants named in the complaint were Westchester County; Wellpath Medical Services; Correct Care Solutions, LLC; Dr. Raul Ulloa; Alexis Gendell; Sergeant D. Lopez, Shield No. 206; and Assistant Warden Spaulding.

The court had previously granted Davis permission to proceed without prepaying filing fees. The opinion notes that prisoners remain responsible for paying the full filing fee over time even when granted that permission.

Service of Process

Because Davis was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. Federal Rule of Civil Procedure 4 generally requires service within 90 days after filing, but the court explained that Davis could not serve the defendants until the court reviewed the complaint and ordered summonses issued. The court therefore extended the service deadline to 90 days after the summonses were issued.

The Clerk of Court was instructed to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and give the Marshals Service the documents needed to complete service. The court also directed the Clerk to mail Davis a copy of the order and an information package.

Disposition

The court directed the Clerk to issue summonses and arrange Marshals Service for all seven defendants. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied Davis permission to appeal without prepaying fees. Judge Nelson S. Roman’s order addressed service and appeal-fee status; it did not decide the merits of Davis’s underlying claims.