Massey v. Iosif Shpits, M.D.
- Andrew Carter
- 1:20-cv-08828
- U.S. District Court · Southern District of New York
- 4
In Massey v. Shpits, Judge Carter corrected a defendant’s name and ordered steps for serving defendants in Massey’s civil-rights case.
Tyrone Massey, Iosif Shpits, M.D., New York City Health + Hospitals, and the City of New York; the Clerk of Court and U.S. Marshals Service were also directed to take specified service-related actions.
What happened
In Massey v. Iosif Shpits, M.D., Tyrone Massey, who was incarcerated and representing himself, brought a constitutional-rights lawsuit under a federal civil-rights law. The court had already allowed him to proceed without paying the filing fee upfront.
The court directed the Clerk to replace “Sphitz” with Iosif Shpits, M.D., and to prepare summonses and service paperwork for Shpits and New York City Health + Hospitals. The court also asked New York City to waive formal service and extended the service deadline to 90 days after the summonses are issued.
Judge Andrew L. Carter, Jr. entered an order of service and directed the U.S. Marshals Service to serve Shpits and New York City Health + Hospitals. The order did not decide whether Massey’s constitutional claims were valid.
The detailed version
- Massey v. Iosif Shpits, M.D. · No. 1:20-cv-08828
- Andrew Carter
- Nov. 10, 2020
Background
Tyrone Massey, who was incarcerated at the Manhattan Detention Complex and was proceeding without a lawyer, filed a lawsuit under 42 U.S.C. § 1983, a federal law allowing claims for constitutional violations by state or local actors. He alleged that the defendants violated his constitutional rights. The court had granted Massey permission to proceed without paying the filing fee upfront in an order dated November 6, 2020.
The caption identified one defendant as “Sphitz.” The court stated that the medical provider Massey intended to sue was Iosif Shpits, M.D.
Court’s directives
The court directed the Clerk of Court to amend the caption to replace “Sphitz” with Iosif Shpits, M.D.
Because Massey was allowed to proceed without paying the filing fee upfront, the court stated that he could rely on the court and the U.S. Marshals Service to serve process. The court extended the usual service period so that service would be due 90 days after the summonses were issued. The court stated that, if service was not completed by then, Massey should request an extension of time.
The Clerk was directed to prepare summonses and U.S. Marshals Service process forms for Iosif Shpits and New York City Health + Hospitals, formerly identified in the opinion as the New York City Health and Hospitals Corporation. The Clerk was also directed to send the necessary documents to the Marshals Service for service. The court requested that the City of New York waive service of summons and directed the Clerk to notify the New York City Department of Correction and the New York City Law Department.
The court also required Massey to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so.
Disposition and significance
Judge Andrew L. Carter, Jr. entered an order directing service-related steps and correcting the defendant’s name. The opinion did not decide the merits of Massey’s constitutional claims or state that any claim was dismissed or finally resolved.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.