Girard v. Gutwein

Background

Chauncey T. Girard, who was incarcerated at Clinton Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. He alleged physical and sexual assault, denial of medical attention, and denial of due process during a disciplinary hearing. In an earlier order dated September 14, 2020, the court allowed him to proceed without paying the filing fee upfront. The opinion notes that prisoners must still pay the full filing fee through the statutory payment process.

Service of the Complaint

Because Girard was proceeding without paying the filing fee upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The usual rule generally requires service within 90 days after the complaint is filed, but Girard could not serve the summons and complaint until the court reviewed the complaint and ordered summonses issued. Judge Seibel therefore extended the service period to 90 days after the summonses were issued. The court stated that Girard should request an extension if service was not completed within that period.

The court directed the Clerk to complete U.S. Marshals Service Process Receipt and Return forms and issue summonses for Sergeant Michel Blot, Sergeant Chauntel Elmore, Correction Officer Frank Polito, Correction Officer Elvis Rios, Correction Officer Tina Tomas, Dr. Edwin Uzu, Superintendent Jaime Lamanna, and Hearing Officer Eric Gutwein. The Clerk was also directed to provide the Marshals Service with the paperwork needed to serve those defendants. Girard was required to notify the court in writing of any address change, and the court stated that the action could be dismissed if he failed to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applies to this prisoner case. Under that rule, the defendants must respond to the specified interrogatories and requests for production of documents within 120 days after service of the complaint. Their responses must quote each request verbatim. The court noted that Girard could request copies of the discovery requests from the Pro Se Intake Unit if he lacked website access.

Disposition and Classification

The court ordered the Clerk to mail Girard a copy of the order and an information package, directed preparation and delivery of the service materials to the Marshals Service, and stated that Local Civil Rule 33.2 applies. This was a procedural order concerning service and discovery. The opinion did not decide the merits of Girard’s allegations or state whether any defendant was liable.