Barrow v. Department of Corrections

Background

Hakiem Barrow, who was being held at the Vernon C. Bain Center, filed this case without a lawyer under 42 U.S.C. § 1983. He alleged that officials were failing to protect him from contracting COVID-19. Barrow originally filed his complaint with 49 other detainees, but the court severed the matters into separate civil actions. Barrow is the only plaintiff in this action.

The court had previously granted Barrow permission to proceed without paying the filing fee upfront. The opinion notes that prisoners must still pay the full filing fee over time under the applicable statute.

Service on Egan and Yang

Because Barrow was allowed to proceed without paying fees upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve process. The court directed the Clerk of Court to issue summonses for Margaret Egan and Patricia Yang, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and provide the Marshals Service with the documents needed to serve the second amended complaint.

The court extended the time to serve Egan and Yang until 90 days after summonses are issued for them. If service is not completed within that period, Barrow was told to request an additional extension. The court also instructed Barrow to notify the court in writing if his address changes and stated that the case could be dismissed if he fails to do so.

Service involving Brann and disposition

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department about the order. It requested that Cynthia Brann waive service of summons.

The order did not grant or deny relief on Barrow’s COVID-19 protection allegations. It was an order arranging service of the lawsuit and related administrative steps. Judge Edgardo Ramos ordered the Clerk of Court to mail Barrow a copy of the order and an information package.