Herring v. Kiszke
- Kenneth Karas
- 7:20-cv-08765
- U.S. District Court · Southern District of New York
- 4
In Herring v. Kiszke, Judge Karas ordered Marshals service of the pro se prisoner’s civil-rights complaint.
Walter C. Herring, the five defendants identified for service, the Clerk of Court, and the U.S. Marshals Service were affected by the service instructions. The order did not decide the underlying claims.
What happened
Herring v. Kiszke concerns Walter C. Herring’s claims that jail officials denied him medical treatment, publicly discussed his medical conditions, and called him an “informant.” Herring is incarcerated and is representing himself.
Because Herring had permission to proceed without paying court fees up front, the court directed the Clerk to issue summonses and prepare service forms for the U.S. Marshals Service. The court extended the service deadline to 90 days after the summonses were issued.
Judge Kenneth M. Karas also instructed Herring to notify the court of any address change and directed the Clerk to mail him this order and an information package. The order addressed service procedures, not whether Herring’s allegations were legally or factually proven.
The detailed version
- Herring v. Kiszke · No. 7:20-cv-08765
- Kenneth Karas
- Nov. 30, 2020
Background
Walter C. Herring, who was incarcerated at the Orange County Jail, brought this action under 42 U.S.C. § 1983, a federal civil-rights statute. He alleged that the defendants denied him medical treatment, publicly discussed his medical conditions, and placed him at risk by calling him an “informant.” The caption identifies the defendants as Keith Kiszke and others; the order names Sgt. Keith Kiszke, Nurse Alpha Delacruz, Nurse Adrienna Cupertino, Nurse Paula, and Nurse Kaitly for service.
The court had previously granted Herring permission to proceed without paying the filing fee up front. The order notes that prisoners who receive this permission still must pay the full filing fee over time under the governing statute.
Service of the Complaint
Because Herring was proceeding without paying fees up front, the court stated that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the usual service deadline to 90 days after the summons was issued, because Herring could not serve the papers before the court reviewed the complaint and ordered a summons. The court stated that Herring should request more time if service was not completed within that period.
The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for each of the five named defendants, issue the summonses, and provide the Marshals Service with the documents needed to complete service. The order lists the Orange County Jail as the service address for each named defendant.
Other Instructions and Ruling
The court instructed Herring to notify it in writing if his address changed and warned that the action could be dismissed if he failed to do so. The Clerk was also directed to mail Herring a copy of the order and an information package.
Judge Kenneth M. Karas’s order handled service of process and related administrative steps. It did not decide whether Herring’s allegations were true or whether the defendants violated his rights.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.