Gunn v. Malani
- Kenneth Karas
- 7:20-cv-02681
- U.S. District Court · Southern District of New York
- 4
In Gunn v. Malani, Judge Karas ordered service of the pro se constitutional-rights lawsuit through the Marshals Service and set discovery requirements.
Darrell Gunn and Correction Officer Malani; the order also directs the Clerk of Court and the U.S. Marshals Service to carry out service.
What happened
In Gunn v. Malani, Darrell Gunn, who is incarcerated, brought a lawsuit without a lawyer under a federal civil-rights law, alleging that Correction Officer Malani violated his constitutional rights. The opinion does not describe the underlying alleged conduct in detail.
Because Gunn had permission to proceed without paying court fees upfront, the court said the U.S. Marshals Service would serve Malani. The court extended the service deadline to 90 days after the summons was issued and directed the Clerk of Court to prepare and send the necessary documents.
Judge Kenneth M. Karas also ordered that Malani respond to specified prisoner-case discovery requests within 120 days after service. The order addressed service and discovery; it did not decide whether Gunn’s constitutional-rights claim was valid.
The detailed version
- Gunn v. Malani · No. 7:20-cv-02681
- Kenneth Karas
- Sept. 3, 2020
Background
Darrell Gunn, identified as a person incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, alleging that Correction Officer Malani violated his federal constitutional rights. The opinion states that the events underlying the claim occurred while Gunn was incarcerated at Green Haven Correctional Facility. It does not provide further details about the alleged constitutional violation.
The court had previously granted Gunn permission to proceed without prepaying filing fees. In such cases, the court explained, the court and the U.S. Marshals Service are responsible for effecting service after the court reviews the complaint and issues a summons.
Service of process
The court extended the time for service to 90 days after the summons was issued, rather than 90 days after the complaint was filed. It stated that Gunn could not have served the summons and complaint before the court issued the summons. The court also stated that, if service was not completed within that period, Gunn should request an extension of time.
The Clerk of Court was directed to complete the U.S. Marshals Service process forms using the address for Green Haven Correction Officer Malani, issue a summons, and provide the Marshals Service with the documents needed to serve Malani. Gunn was required to notify the court in writing if his address changed, and the court stated that it could dismiss the action if he failed to do so.
Discovery requirement
The court stated that Local Civil Rule 33.2 applies to this prisoner action. Under the order, Malani must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint. The responses must quote each discovery request verbatim.
Disposition
The court entered an order directing service and setting a discovery deadline. It did not rule on the merits of Gunn’s constitutional-rights allegations, and the opinion does not state that the action or any claim was dismissed.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.