Debellis v. Andrew Nash and James Flynn
- Jesse Furman
- 1:19-cv-08730
- U.S. District Court · Southern District of New York
- 4
In Debellis v. White, Judge Furman ordered the U.S. Marshals to serve three defendants and corrected O’Sullivan’s first name, without deciding the claims.
Anthony F. Debellis and the defendants identified for service—Lieutenant Thomas White, Police Officer Karen Solomon, and Wann O’Sullivan—were directly affected; the order also addressed efforts to locate James Flynn.
What happened
Anthony F. Debellis, aka Gianfranco v. Lieutenant Thomas White and others is a civil-rights case brought by Debellis, who is incarcerated and is representing himself. He claims the defendants violated his constitutional rights under federal civil-rights law.
Because Debellis was allowed to proceed without paying court fees in advance, the court directed the U.S. Marshals Service to serve Lieutenant Thomas White, Police Officer Karen Solomon, and Wann O’Sullivan. The court extended the service deadline to 90 days after the summons is issued and said Debellis must tell the court if his address changes.
Judge Jesse M. Furman ordered the Clerk of Court to prepare the service paperwork, correct O’Sullivan’s first name from Juan to Wann, and provide the documents to the Marshals Service. The order did not decide whether Debellis’s constitutional claims were valid, and it denied permission to appeal without paying fees.
The detailed version
- Debellis v. Andrew Nash and James Flynn · No. 1:19-cv-08730
- Jesse Furman
- Mar. 24, 2021
Background
Anthony F. Debellis, also identified as Gianfranco, is incarcerated at Mohawk Correctional Facility and brought this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. He alleges that the defendants violated his constitutional rights. The court had previously allowed him to proceed without paying court fees in advance.
Service of the Defendants
The order addressed service of the lawsuit, not the merits of Debellis’s claims. Because Debellis was allowed to proceed without paying fees in advance, he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court explained that he could not have served the papers before the court reviewed the complaint and ordered a summons.
The court extended the deadline for service until 90 days after the summons is issued. It stated that, if service is not completed within that period, Debellis should ask for more time. The court also warned that Debellis must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.
Defendants Named for Service
The Clerk of Court was instructed to prepare service forms and issue a summons for Lieutenant Thomas White, Police Officer Karen Solomon, and Wann O’Sullivan. The Clerk was also instructed to provide the Marshals Service with the paperwork and addresses needed to serve those defendants.
The court ordered the case caption to be corrected because O’Sullivan’s first name is Wann, not Juan. The order also noted that the Law Department would update the court about efforts to locate James Flynn, who apparently had retired from the New York Police Department.
Disposition
Judge Jesse M. Furman directed the Clerk to prepare and transmit the service documents and to amend the caption to reflect O’Sullivan’s correct first name. The order did not rule on the alleged constitutional violations. The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.