Gil-Cabrera v. Department of Corrections

Background

Ricardo Gil-Cabrera, who was incarcerated at the Vernon C. Bain Center, brought a case without a lawyer under 42 U.S.C. § 1983, a federal law allowing certain claims against state or local officials for violating constitutional rights. He alleged that jail officials were failing to protect him from contracting COVID-19. The opinion states that the court had previously allowed him to proceed without prepaying fees and that he filed a Second Amended Complaint on January 4, 2021.

Service of the Defendants

Because Gil-Cabrera was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was directed to prepare service forms, issue summonses, and provide the necessary papers to the Marshals Service for Patricia Yang and Margaret Egan.

For Defendant Brann, the Clerk was directed to notify the New York City Department of Correction and the New York City Law Department. The court requested that Commissioner Cynthia Brann waive service of the summons.

Other Instructions and Disposition

The court instructed Gil-Cabrera to notify it in writing if his address changes and stated that the action could be dismissed if he failed to do so. The Clerk was also directed to mail him a copy of the order and an information package.

This was an order directing service of the lawsuit. It did not decide the merits of Gil-Cabrera’s claim that jail officials failed to protect him from COVID-19.