Gunn v. Ayala
- Kenneth Karas
- 7:20-cv-00840
- U.S. District Court · Southern District of New York
- 1
In Gunn v. Ayala, Judge Karas ordered officials to provide Ayala’s full name and address so the Marshals Service could complete service.
Gunn, correction officer Ayala, the Department of Corrections and Community Supervision, the Office of the Attorney General, and the U.S. Marshals Service.
What happened
Gunn v. Ayala involves a pro se lawsuit by Gunn under a federal civil-rights law, alleging that correction officer Ayala committed battery and assault.
The Marshals Service could not serve Ayala at Green Haven Correctional Facility because it reported that Ayala no longer worked there. The court had previously allowed Gunn to proceed without paying filing fees upfront.
Judge Kenneth M. Karas ordered the Department of Corrections and Community Supervision, through the Office of the Attorney General, to file Ayala’s updated address and full name by December 18, 2020. The order did not decide whether Gunn’s allegations were true.
The detailed version
- Gunn v. Ayala · No. 7:20-cv-00840
- Kenneth Karas
- Dec. 4, 2020
Background
Gunn, who was incarcerated at Sing Sing Correctional Facility, brought a pro se action under 42 U.S.C. § 1983. The complaint alleged that a correction officer named “Ayala” committed battery and assault. The court had previously granted Gunn permission to proceed without prepaying filing fees.
Service Problem
On November 6, 2020, the U.S. Marshals Service attempted to serve the summons and complaint on Ayala at Green Haven Correctional Facility in Stormville, New York. Service was not completed because the Marshals Service reported that Ayala no longer worked at that facility.
Order
The court ordered the Department of Corrections and Community Supervision, through the Office of the Attorney General, to file a letter on the docket by December 18, 2020, providing an updated address and Ayala’s full name so service could be completed. The court also directed the Clerk of Court to mail a copy of the order to the New York State Office of the Attorney General.
This order addressed identifying and serving the defendant. It did not decide the merits of Gunn’s battery and assault allegations.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.