Augustin v. Westchester Department of Corrections
- Cathy Seibel
- 7:19-cv-08558
- U.S. District Court · Southern District of New York
- 11
In Jerry Augustin v. Westchester County, Judge Seibel ordered service steps and allowed an amended complaint in Augustin’s civil-rights case.
Jerry Augustin and the defendants named for service, including Westchester County and the ten individual defendants listed in the order.
What happened
Jerry Augustin, who was incarcerated and representing himself, alleged under a federal civil-rights law that defendants used excessive force and denied him medical attention. The court had already allowed him to proceed without paying court fees in advance.
Judge Cathy Seibel ordered the Clerk’s Office and U.S. Marshals Service to prepare and carry out service on ten named defendants at Westchester County Jail. The court extended the service deadline to 90 days after the summonses are issued and instructed Augustin to ask for more time if service is not completed.
In Jerry Augustin v. Westchester County, Judge Cathy Seibel also granted Augustin until June 1, 2020, to file a Second Amended Complaint. The court denied permission to appeal without paying fees because it certified that an appeal would not be taken in good faith.
The detailed version
- Augustin v. Westchester Department of Corrections · No. 7:19-cv-08558
- Cathy Seibel
- Mar. 6, 2020
Background
Jerry Augustin, who was incarcerated at Metropolitan Detention Center and was representing himself, brought an action under 42 U.S.C. § 1983. He alleged that the defendants used excessive force and denied him medical attention. The court had previously allowed him to proceed without paying court fees in advance.
Service of the Defendants
Because Augustin was allowed to proceed without paying fees in advance, the court stated that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court explained that he could not have served the defendants until the court reviewed the complaint and ordered summonses issued. It therefore extended the service period to 90 days after the summonses are issued. The court stated that Augustin should request an extension if the complaint is not served within that period.
The Clerk of Court was instructed to complete the required service forms, issue summonses, and provide the necessary papers to the U.S. Marshals Service for service on Boguslawa Uszynski, Maria Pabon, David Walker, William Garvin, Daquan Scott, Jeramey Smith, Arshad Nelson, Joseph Pasciotty, Naima Johnson, and Jenile Parchment. The listed service address for each was Westchester County Jail, 10 Woods Road, Valhalla, New York 10595. Augustin was also directed to notify the court in writing if his address changed, and the court stated that the action could be dismissed if he failed to do so.
Amended Complaint
The court granted Augustin until June 1, 2020, to file a Second Amended Complaint. It mailed him an amended-complaint form and reminded him to title the filing “Second Amended Complaint.”
Disposition
In Jerry Augustin v. Westchester County, Judge Cathy Seibel directed the Clerk’s Office to mail the order and complaint to the Westchester County Attorney and to complete the documents needed for Marshals Service. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying fees.
The order addressed service and amendment procedures; it did not decide whether Augustin’s excessive-force or medical-attention allegations were legally valid.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.