Swinson v. City of New York

Background

Randy Swinson, who was incarcerated at the Manhattan Detention Complex and proceeding without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law allowing claims against state or local actors for constitutional-rights violations. The defendants are the City of New York; Sergeant Daniel Fitzpatrick; P.O. Michael Farewell #13582; P.O. Vincent Candela #12682; and P.O. Robert Humann #10077. The court had previously granted Swinson permission to proceed without paying the filing fee upfront.

Service of process

Because Swinson was proceeding without paying fees upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summonses are issued. It stated that, if service is not completed within that period, Swinson should request an extension of time.

The court directed the clerk to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the necessary paperwork to the Marshals Service. Swinson was also required to notify the court in writing if his address changes, and the court stated that the action could be dismissed if he fails to do so.

Disposition

Judge Lewis J. Liman ordered the clerk to mail Swinson a copy of the order and an information package, issue the summonses, complete the service forms, and provide the documents to the Marshals Service. The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order did not resolve the merits of Swinson’s constitutional-rights claims.