Thomas v. John Doe
- Philip Halpern
- 7:20-cv-07520
- U.S. District Court · Southern District of New York
- 5
In Thomas v. Morley, Judge Halpern ordered Marshals to serve the defendants and extended the service deadline.
William Thomas and the defendants listed in the order, including John Morley, Susanna Nayshuler, Colleen Quackenbush, Tracey Blatney, Vernon Baldwin, Robert Bentivegna, Toll, Quarche, Carabello, Edge, Dora Barrito, Russo, Griffen, Morales, Medbury, Fullerton, and Harvey Lewit.
What happened
In William Thomas v. John Morley, et al., William Thomas, who was detained at the Bronx Psychiatric Center and represented himself, brought a civil-rights lawsuit under federal law against the defendants. The court had previously allowed him to proceed without paying court fees upfront.
The court explained that because Thomas was proceeding without upfront fees, the court and U.S. Marshals Service would handle service of the summons and complaint. It extended the service deadline to 90 days after the summons is issued and instructed the clerk to prepare the necessary forms and paperwork for service.
Judge Philip M. Halpern also required Thomas to notify the court in writing of any address change and directed the clerk to mail him this order and an information package. The order addressed service procedures; it did not decide whether the defendants violated Thomas’s constitutional rights.
The detailed version
- Thomas v. John Doe · No. 7:20-cv-07520
- Philip Halpern
- Feb. 11, 2021
Background
William Thomas, who was detained at the Bronx Psychiatric Center, brought this action under 42 U.S.C. § 1983, a federal law that allows claims against people acting under state authority for violations of constitutional rights. He was proceeding without a lawyer. In an earlier order, the court allowed him to proceed without prepaying court fees.
Service of process
Because Thomas was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. Although Federal Rule of Civil Procedure 4 generally requires service within 90 days after a complaint is filed, the court recognized that Thomas could not serve the defendants until the court reviewed the complaint and ordered a summons issued.
The court therefore extended the service deadline to 90 days after the summons is issued. It stated that if service is not completed within that period, Thomas should request an extension of time. The court also noted that, when a plaintiff proceeding without prepaying fees provides enough information to identify a defendant, a failure by the Marshals Service to complete service automatically constitutes good cause for an extension under the cited precedent.
Directions to the clerk and plaintiff
The clerk was directed to complete a U.S. Marshals Service Process Receipt and Return form for each listed defendant, issue the summons, and deliver the necessary paperwork to the Marshals Service. The listed defendants included John Morley; Susanna Nayshuler; Colleen Quackenbush; Tracey Blatney; Vernon Baldwin; Robert Bentivegna; Corrections Officers Toll, Quarche, Carabello, and Edge; Dora Barrito; Russo; Griffen; Morales; Medbury; and doctors Fullerton and Harvey Lewit.
Thomas was required to notify the court in writing if his address changes. The order stated that the court may dismiss the action if he fails to do so. The clerk was also directed to mail Thomas a copy of the order and an information package.
Disposition and significance
Judge Philip M. Halpern entered an order of service. The order directed service-related steps and extended the time for service; it did not rule on the merits of Thomas’s constitutional claims or determine whether any defendant was liable.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.