Chavez v. Finney

Background

An earlier order directed that Officer Anthony Tortorice and Officer Stephen Streicher be substituted for the “John Doe” defendants identified in the amended complaint by shield numbers 3271 and 3281. The Port Authority of New York and New Jersey, through counsel who also represented Sgt. Finney, informed the court that Tortorice and Streicher would not waive service or agree to accept service through counsel.

Chavez was proceeding pro se, meaning without a lawyer, and had permission to proceed in forma pauperis, meaning without paying the court’s filing fees. After learning that the officers would not waive or accept service through counsel, Chavez requested assistance from the court and the U.S. Marshals Service. Counsel provided service addresses for the officers.

Ruling

The court held that, because Chavez had permission to proceed without paying filing fees, he could rely on the court and the Marshals Service to serve the newly identified defendants. The court extended the service period to 90 days after an amended summons is issued. It stated that Chavez should request another extension if the amended complaint is not served within that period.

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Tortorice and Streicher, issue an amended summons, and provide the Marshals Service with the paperwork needed to complete service. The Marshals Service was directed to serve the officers with the amended complaint and the court’s October 20, 2020 order. The Clerk was also directed to mail Chavez a copy of the November 30 order.

Effect of the Order

This was a procedural order about service of process—the formal delivery of lawsuit papers. It did not decide whether Chavez’s claims against Finney, Tortorice, Streicher, or any other defendant were legally valid.