Greathouse v. Vasquez

Background

Leon Greathouse, who was incarcerated at Mohawk Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims that state actors violated constitutional rights. The defendants were Freddie Vasquez, New York County District Attorney Cyrus Vance, and the City of New York. The opinion does not state the specific constitutional violations alleged.

The court had previously allowed Greathouse to proceed without paying the filing fee in advance. The order notes that prisoners still must pay the full filing fee over time even when granted that permission.

Service of Process

Because Greathouse was allowed to proceed without prepaying fees, he was entitled to rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court explained that the usual 90-day service period could not begin in the ordinary way because Greathouse could not serve the defendants until the court reviewed the complaint and ordered a summons issued. The court therefore extended the service period to 90 days after the summons was issued.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summons, and deliver the necessary paperwork to the Marshals Service. The order listed service addresses for Freddie Vasquez, Cyrus Vance, and the City of New York.

Ruling and Effect

The court entered an order of service. It did not decide whether Greathouse's constitutional-rights claims were valid. The Clerk was directed to send the order and an information package to Greathouse. Greathouse was also 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.

Judge Paul A. Engelmayer signed the order on November 5, 2020.