Gunn v. Bentivegna

Background

Darrell Gunn, who was incarcerated at Sing Sing Correctional Facility, filed an action against Dr. Robert V. Bentivegna, Ms. Hennessy, and Christine Raffaele. The opinion states that all three defendants were officials assigned to Green Haven Correctional Facility. Gunn proceeded without a lawyer. The court construed his amended complaint as asserting claims under 42 U.S.C. § 1983, a federal law that permits certain civil-rights claims against state officials.

The court had previously granted Gunn permission to proceed without prepaying filing fees. The opinion notes that prisoners must still pay the full filing fee over time, even when granted that permission.

Service of the Defendants

Because Gunn was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual service deadline to 90 days after the summonses are issued because Gunn could not serve the defendants before the court reviewed his amended complaint and ordered the summonses issued.

The court directed the Clerk of Court to issue summonses for Dr. Robert V. Bentivegna, Ms. Hennessy, and Christine Raffaele; complete a U.S. Marshals Service Process Receipt and Return form for each defendant; and deliver the necessary paperwork to the Marshals Service. Gunn was told to notify the court in writing if his address changes. The court stated that the action may be dismissed if he fails to do so.

Disposition

Judge Kenneth M. Karas ordered the Clerk of Court to mail Gunn a copy of the order and an information package and to arrange service through the Marshals Service. The order did not decide whether Gunn’s civil-rights claims were legally or factually valid. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.