Jackson v. Polizzi

Background

Thomas Jackson, who was incarcerated at Clinton Correctional Facility and proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleged that he was denied due process during a Tier III disciplinary hearing arising from a misbehavior report at Sing Sing Correctional Facility. The court had previously granted him permission to proceed without paying the filing fee upfront.

Service of Process

Because Jackson was allowed to proceed without paying the fee upfront, the court directed the U.S. Marshals Service to serve the summons and complaint on A. Polizzi, Superintendent Jamie M. LaManna, Sergeant T. Brooks, and D. Venettozzi. The Clerk of Court was instructed to prepare the required service forms, issue the summons, and provide the Marshals Service with the documents needed for service.

The court extended the usual 90-day service period so that it would run from the date the summons was issued. If service was not completed within that period, Jackson was instructed to request an extension. The court also stated that Jackson must notify the court in writing if his address changes and that the action could be dismissed if he failed to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond to the specified prisoner-case interrogatories and document requests within 120 days after the complaint is served, quoting each request verbatim in their responses.

Disposition

The court entered an order directing service and applying the discovery rule. It did not rule on the merits of Jackson’s due-process allegations or otherwise decide whether the defendants violated his rights. Judge Philip M. Halpern also directed the Clerk of Court to mail Jackson a copy of the order and an information package.