Al-Haj v. Singer
- Lewis Liman
- 1:19-cv-03135-LJL
- U.S. District Court · Southern District of New York
- 5
In Al-Haj v. Singer, Judge Liman ordered service and defendant identification in Al-Haj’s civil-rights case.
Nagibe Al-Haj, the defendants named in the complaint, Dr. Cristina Musat, Sonte Taylor, the New York Attorney General’s Office, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Al-Haj v. Singer, Nagibe Al-Haj, who was representing himself, brought a civil-rights case under federal law based on alleged violations at Kirby Forensic Psychiatric Center. The court had already allowed him to proceed without paying court fees in advance.
The court extended the service deadline to 90 days after summonses are issued and directed the U.S. Marshals Service to serve Dr. Cristina Musat and Sonte Taylor. It also directed the New York Attorney General’s Office to identify six other defendants and provide their service information.
Judge Lewis Liman required Al-Haj to file a second amended complaint within 30 days after receiving that information. The order did not decide whether his claims were valid; the court will screen the amended complaint later.
The detailed version
- Al-Haj v. Singer · No. 1:19-cv-03135-LJL
- Lewis Liman
- Apr. 29, 2020
Background
Nagibe Al-Haj, who was detained at Kirby Forensic Psychiatric Center and was representing himself, brought this action under 42 U.S.C. § 1983. He alleged that the defendants violated his rights at Kirby. The court had previously granted permission for him to proceed without paying the filing fee in advance.
Service of process
Because Al-Haj was allowed to proceed without prepaying the filing fee, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. Although the usual deadline is 90 days after filing the complaint, the court extended the deadline to 90 days after the summons is issued because Al-Haj could not serve the defendants before the court reviewed the complaint and issued a summons.
The court directed the Clerk of Court to prepare service forms, issue summonses, and provide the necessary papers to the U.S. Marshals Service for service on Dr. Cristina Musat and Sonte Taylor. The court also stated that Al-Haj must notify the court in writing if his address changes and that the action could be dismissed if he fails to do so.
Identifying defendants
The court applied a procedure allowing an unrepresented litigant to obtain help identifying a defendant. It found that the complaint provided enough information for Kirby to identify the full names and service locations of Dr. Singer, Dr. Sakaleg, Keln, Vincent Nurses, Dr. Sekulieh, and Dr. Rouseau. The court ordered the New York Attorney General’s Office, as Kirby’s attorney and agent, to provide that information to Al-Haj and the court within 60 days.
After receiving the information, Al-Haj must file a second amended complaint within 30 days. That complaint will replace, rather than supplement, the existing amended complaint, and it must restate all claims against each defendant named in the new caption. The court stated that it would screen the second amended complaint and, if necessary, direct further service by the Marshals Service.
Disposition
The court directed the Clerk of Court to mail the order and related materials to Al-Haj and the New York Attorney General’s Office. It substituted Dr. Cristina Musat for Dr. Musa and Senior SHTA Sonte Taylor for Senior Taylor, and directed the Clerk to prepare service materials for them. The order addressed service and identification of defendants; it did not decide the merits of Al-Haj’s claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.