Washington v. Falco
- Vincent Briccetti
- 7:20-cv-03009
- U.S. District Court · Southern District of New York
- 3
In Washington v. Falco, Judge Briccetti ordered Marshals Service procedures for serving defendants in Washington’s conditions-of-confinement lawsuit.
Dexter Washington, Sheriff Louis Falco, Sergeant David Lowe, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Washington v. Falco, Dexter Washington, who was incarcerated at Rockland County Jail, sued Sheriff Louis Falco and Sergeant David Lowe under a federal civil-rights law, alleging unconstitutional conditions of confinement. He was representing himself, and the court had allowed him to proceed without paying fees upfront.
Because Washington was allowed to proceed without upfront payment, the court said he could rely on the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after the summons was issued and directed the Clerk of Court to prepare the service paperwork.
Judge Vincent L. Briccetti ordered the Clerk to issue the summons and provide the necessary documents and addresses to the Marshals Service. The order addressed service of the lawsuit and did not decide whether Washington’s conditions-of-confinement claims were valid.
The detailed version
- Washington v. Falco · No. 7:20-cv-03009
- Vincent Briccetti
- Apr. 23, 2020
Background
Dexter Washington, who was incarcerated at Rockland County Jail, brought this self-represented lawsuit under 42 U.S.C. § 1983. He alleged that Sheriff Louis Falco and Sergeant David Lowe were subjecting him to unconstitutional conditions of confinement. The opinion states that the court had previously granted Washington permission to proceed without prepaying filing fees.
Service of the lawsuit
The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. Although the usual deadline for serving a summons and complaint is 90 days after filing, Washington could not serve those documents until the court reviewed the complaint and ordered that a summons be issued. The court therefore extended the service deadline to 90 days after the summons was issued.
The court also stated that prisoners must still pay the full filing fee over time even when they are allowed to proceed without prepaying it. Washington was instructed to notify the court in writing if his address changed, and the court stated that it may dismiss the action if he failed to do so.
Ruling
Judge Vincent L. Briccetti directed the Clerk of Court to mail Washington a copy of the order and an information package, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summons, and give the Marshals Service the documents and addresses needed to serve Sheriff Falco and Sergeant Lowe. The order concerned service of process and did not resolve the merits of Washington’s conditions-of-confinement allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.