Jackson v. Carter

Background

Raymond L. Jackson, who was incarcerated at Sing Sing Correctional Facility and represented himself, brought an action under 42 U.S.C. § 1983. He alleged that Correction Officer R. Carter used excessive force against him. The court had previously allowed Jackson to proceed without prepaying filing fees and had directed service on Carter.

The U.S. Marshals Service could not complete service because Carter was no longer at the location previously provided. Jackson then told the court that he continued to see Carter at Sing Sing and that Carter worked for the New York State Department of Corrections and Community Supervision. The opinion identifies Carter as R. Carter, Shield #3192.

Service of Process

Because Jackson was allowed to proceed without prepaying fees, the court stated that he was entitled to rely on the court and the U.S. Marshals Service to effect service. The court also explained that the usual 90-day service deadline did not operate in the same way because Jackson could not have served the summons and complaint until the court reviewed the complaint and ordered issuance of a summons. In addition, the Marshals Service had been unable to serve Carter at Sing Sing.

The court extended the deadline for service to November 5, 2020. It directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Carter, issue a summons, and provide the Marshals Service with the documents needed to serve him. The court stated that Jackson should request another extension if service was not completed by the deadline. It also required Jackson to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered discovery requests. The court directed that, within 120 days after service of the complaint, Carter must serve responses to the standard interrogatories and document requests and must quote each request verbatim in his responses.

Disposition

This order addressed service and discovery; it did not decide whether Carter used excessive force. Judge Vincent L. Briccetti directed the Clerk to mail Jackson the order and an information package, complete the service forms, and deliver the necessary documents to the Marshals Service. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.