Kotler v. Boley
- Kenneth Karas
- 7:17-cv-00239
- U.S. District Court · Southern District of New York
- 4
In Kotler v. Boley, Judge Karas extended service time for K. Chauvin and ordered the Marshals to attempt in-person service.
Kerry Kotler, K. Chauvin, the Clerk of Court, and the U.S. Marshals Service.
What happened
Kotler v. Boley is a pro se civil-rights case brought by Kerry Kotler under a federal law allowing claims against state officials for constitutional violations. K. Chauvin was the only named defendant who had not been served after several unsuccessful attempts.
The court extended the deadline to serve Chauvin until April 23, 2021. It directed the Clerk of Court to prepare the required paperwork and the U.S. Marshals Service to attempt in-person service at Chauvin’s last known address.
Judge Kenneth M. Karas also instructed Kotler to notify the court if his address changes and ordered the Clerk to mail him this order and an information package. The order did not decide the underlying constitutional claims.
The detailed version
- Kotler v. Boley · No. 7:17-cv-00239
- Kenneth Karas
- Feb. 9, 2021
Background
Kerry Kotler, who was incarcerated at the time of the order, brought this case without a lawyer under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights. The court had allowed him to proceed without paying the filing fee upfront, although the opinion notes that incarcerated plaintiffs must still pay the full filing fee over time under federal law.
The U.S. Marshals Service served the other named defendants in 2017, but it could not serve K. Chauvin. After the court dismissed the other defendants from the case in 2018, it directed the New York State Attorney General’s Office to provide Chauvin’s address. The Attorney General provided Chauvin’s last known address, but service by mail and three attempts at that address were unsuccessful.
Kotler later requested more time to serve Chauvin. The court extended the deadline to February 9, 2021 and asked the Marshals Service to try service again, but the opinion states that another service attempt had not yet occurred. Because Kotler was allowed to proceed without paying the filing fee upfront, the court explained that he was entitled to rely on the court and the Marshals Service to carry out service when he provided the information needed to identify the defendant.
Ruling
Judge Kenneth M. Karas extended the time to serve Chauvin until April 23, 2021. The court stated that Kotler likely did not know that another attempt had not yet been made. It further stated that, if service was not completed by the new deadline, Kotler should request another extension.
The court directed the Clerk of Court to complete the U.S. Marshals Service Process Receipt and Return forms, issue a summons, and send the necessary papers to the Marshals Service. Because mail service at the listed address had already failed, the Marshals Service was directed to attempt in-person service at Chauvin’s last known address.
The court also directed Kotler to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so. The order did not decide whether the alleged constitutional violations occurred.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.