Jackson v. Carter
- Vincent Briccetti
- 7:20-cv-03936
- U.S. District Court · Southern District of New York
- 4
In Jackson v. Carter, Judge Briccetti ordered Marshals service of an excessive-force complaint and applied prisoner discovery rules.
Raymond L. Jackson, Correction Officer R. Carter, the Clerk of Court, the U.S. Marshals Service, and defendants subject to Local Civil Rule 33.2 in this action.
What happened
In Jackson v. Carter, Raymond L. Jackson, who was incarcerated and represented himself, accused Correction Officer R. Carter of using excessive force. The court had already allowed Jackson to proceed without paying court fees upfront.
The court directed the Clerk to prepare the paperwork and summons and send them to the U.S. Marshals Service for service on Carter. It extended the service deadline to 90 days after the summons is issued and told Jackson to notify the court in writing if his address changes.
Judge Vincent L. Briccetti also ruled that Local Civil Rule 33.2 applies, requiring defendants to answer specified discovery requests within 120 days after service. The court denied permission to appeal without paying fees, and this order did not decide whether excessive force occurred.
The detailed version
- Jackson v. Carter · No. 7:20-cv-03936
- Vincent Briccetti
- June 25, 2020
Background
Raymond L. Jackson, who was incarcerated at Sing Sing Correctional Facility and proceeded without a lawyer, brought an action under 42 U.S.C. § 1983 alleging that Correction Officer R. Carter used excessive force against him. The court had previously granted Jackson permission to proceed without prepaying court fees.
This order addressed service of the lawsuit and discovery procedures. It did not decide the merits of Jackson’s excessive-force allegation.
Service of the Lawsuit
Because Jackson was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve Carter. Although Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after filing, the court extended the service period to 90 days after the summons is issued because Jackson could not serve the papers before the court reviewed the complaint and ordered issuance of a summons.
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the documents needed to serve R. Carter, identified as Shield #3192. Jackson was told to request an extension if service was not completed within the applicable period. He was also required to notify the court in writing of any address change, and the court stated that it could dismiss the action if he failed to do so.
Discovery
The court ruled that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and document requests. The court stated that defendants must serve responses to those standard requests within 120 days after service of the complaint and must quote each request verbatim in their responses.
Disposition
Judge Vincent L. Briccetti directed the Clerk to mail Jackson a copy of the order and an information package, complete the service forms, and provide the necessary documents to the Marshals Service. The court ruled that Local Civil Rule 33.2 applies. It also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not grant or deny relief on the excessive-force claim itself.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.