McFadden v. City of New York
- Vernon Broderick
- 1:19-cv-05508
- U.S. District Court · Southern District of New York
- 4
In McFadden v. City of New York, Judge Broderick extended service time for Steven Byrne and directed the clerk to issue new service papers.
Denver McFadden, Steven Byrne, the other defendants named in the complaint, the U.S. Marshals Service, and the Clerk of Court. The order gives McFadden more time and directs court personnel to attempt service on Byrne; it also sets the defendants’ response deadline after Byrne is served.
What happened
In McFadden v. City of New York, Denver McFadden sued the City, police officers, correction officers, a doctor, and New York City Health and Hospitals, claiming violations of his constitutional rights. He was allowed to proceed without prepaying court fees.
The U.S. Marshals Service had been unable to serve police officer Steven Byrne at two previously provided addresses. The City later provided another address, and McFadden requested more time to serve Byrne and the other defendants.
Judge Vernon S. Broderick extended McFadden’s time to serve Byrne until 90 days after a new summons is issued. The judge ordered the clerk to issue the summons and service paperwork, and ordered all defendants to respond within 30 days after Byrne is successfully served. The court said it may dismiss the case if McFadden does not complete service or request more time within the applicable period.
The detailed version
- McFadden v. City of New York · No. 1:19-cv-05508
- Vernon Broderick
- Mar. 12, 2020
Background
Denver McFadden filed a complaint asserting constitutional-rights violations against the City of New York; named police officers, including Steven Byrne; unknown police officers; two John Doe correction officers; a John Doe doctor; and New York City Health and Hospitals. The opinion states that McFadden was permitted to proceed without prepaying court fees. Because he was proceeding without prepaying fees, the court was required to assist with service of process, meaning formally delivering the lawsuit papers to the defendants.
The court had previously issued an order directing service on the named defendants. The U.S. Marshals Service was unable to serve Byrne at the address provided. The City supplied another address, but service again was unsuccessful. The City later supplied a new address, and McFadden filed several requests for additional time to serve Byrne and the John Doe officers.
Order
Judge Vernon S. Broderick ordered that McFadden’s request for more time to serve Byrne be extended retroactively until 90 days after the new summons is issued. The court stated that McFadden’s request for more time to serve the other defendants would be addressed in a separate order.
The court ordered the clerk to issue a new summons for Byrne and to prepare the U.S. Marshals Service paperwork using the address attached to the order. The clerk was also directed to provide the Marshals Service with the documents needed to attempt service.
The court ordered all defendants named as of that date to answer, file a motion, or otherwise respond to the complaint within 30 days after Byrne is successfully served. The court advised McFadden that he was responsible for checking with the Marshals Service about whether service had occurred and, if necessary, requesting another extension. It warned that the court may dismiss the action for failure to prosecute if McFadden did not complete service or request more time within 90 days after the summons was issued. The order addressed service and case administration; it did not decide whether McFadden’s constitutional claims were valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.