McLean v. Clark
- Paul Engelmayer
- 1:19-cv-10967
- U.S. District Court · Southern District of New York
- 3
McLean v. Jennings: Judge Moses ordered officials to identify and help serve several defendants in this pro se case.
Bashid McLean; defendants Samantha Brown, Scott Frank, Captain Brown (Shield #1387), and Captain Frederick; and the New York City Law Department, New York City Department of Correction, Clerk of Court, and U.S. Marshals Service.
What happened
In Bashid McLean v. Hazel Jennings, et al., the court addressed difficulties serving defendants named in McLean’s second amended complaint. The New York City Department of Correction reported that Samantha Brown was no longer employed there, could not match “Scott Frank” to its records, and found multiple people named Captain Brown.
The court ordered the New York City Law Department to identify McLean’s arresting officer, identified as “Scott Frank” or “Frank Scott,” and Captain Brown with shield number 1387. The Law Department must provide their identities, shield information, and service addresses within 60 days, and provide Samantha Brown’s last known address within 30 days so the U.S. Marshals Service can attempt service.
Judge Moses also directed the Clerk of Court to mail the order to McLean, note service on the docket, and notify the correction and law departments. The order did not decide the underlying claims.
The detailed version
- McLean v. Clark · No. 1:19-cv-10967
- Paul Engelmayer
- Nov. 11, 2020
Background
This order concerns service of process—the formal delivery of the lawsuit and related papers to defendants—in a case brought by Bashid McLean. The court had previously asked defendants Samantha Brown, Scott Frank, Captain Brown (Shield #1387), and Captain Frederick to waive service. The New York City Department of Correction provided an executed waiver for Captain Frederick. It returned unexecuted waivers for Samantha Brown, Scott Frank, and Captain Brown, stating that Brown no longer worked for the agency, “Scott” did not match an agency name, and the agency could not determine which Captain Brown was meant.
Identification and Service Orders
The court relied on the rule that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant. It found that McLean’s second amended complaint contained enough information for the New York City Law Department to identify the officer who McLean said arrested him on October 16, 2014, and to identify Captain Brown with shield number 1387.
The court ordered the Law Department to determine the identity and badge number of the arresting officer referred to as “Scott Frank” and the identity of the Captain Brown who had shield number 1387 on October 16, 2014. It also ordered the Law Department to provide addresses where those defendants could be served, and to give that information to McLean and the court within 60 days. The order explains that, if appropriate, the Law Department should indicate whether electronic waiver of service could be requested for current or former Department of Correction employees or officials.
Because Samantha Brown was no longer employed by the Department of Correction, the court ordered the Law Department to provide her last known address by an email sent directly to chambers within 30 days. After receiving that address, the court stated that it would direct the Clerk to issue a new summons and prepare a service package for the U.S. Marshals Service.
Disposition
Judge Moses directed the Clerk of Court to mail the order to McLean, note service on the docket, and notify the New York City Department of Correction and the New York City Law Department. The order addressed defendant identification and service only; it did not resolve the merits of McLean’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.