Clark v. Department of Corrections

Background

James Clark, who was incarcerated at the Vernon C. Bain Center and was proceeding without a lawyer, alleged that jail officials were failing to protect him from contracting COVID-19. He brought claims under 42 U.S.C. § 1983, a federal law allowing claims against officials for violating constitutional rights, and alleged violations of the Eighth and Fourteenth Amendments.

The court stated that Chief Judge McMahon had granted Clark permission to proceed without paying the filing fee. Because of that ruling, Clark was entitled to have the U.S. Marshals Service carry out service of process.

Order

The court directed the clerk to complete the required service forms for Patsy Yang and Margaret Egan, issue summonses, and deliver the necessary paperwork to the U.S. Marshals Service. Clark could instead notify the court that he wished to serve the defendants himself, in which case the clerk would issue summonses to him. The court asked Cynthia Brann to waive service of summons.

Clark was required to ensure that Yang and Egan were served within 90 days after the summonses were issued. The order stated that the action could be dismissed as to Yang and Egan under Rules 4 and 41 of the Federal Rules of Civil Procedure if service was not completed within that period and Clark did not request an extension. The court also directed Clark to notify it promptly if his address changed and warned that failing to do so could result in dismissal.

Disposition

Judge Paul G. Gardephe entered an order directing service and providing related procedural instructions. The opinion did not resolve whether the defendants violated Clark’s constitutional rights or failed to protect him from COVID-19.