Monroe v. Cambel
- Philip Halpern
- 7:20-cv-10944
- U.S. District Court · Southern District of New York
- 4
In Monroe v. Cambel, Judge Halpern ordered service of Monroe’s constitutional-rights lawsuit and identification of two John Doe officers.
Michael J. Monroe, Officer Sean Cambel, the Town of Haverstraw, the two unidentified officers, the Town Attorney, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Monroe v. Cambel, Michael J. Monroe, who was detained at the Rockland County Correctional Facility, brought a constitutional-rights lawsuit without a lawyer against Officer Sean Cambel, the Town of Haverstraw, and two unidentified officers. The opinion states that the lawsuit was brought under a federal civil-rights law and that Monroe had permission to proceed without prepaying fees.
The court directed the Clerk of Court to prepare summonses and paperwork so the U.S. Marshals Service could serve Officer Cambel and the Town of Haverstraw. The court also required the Town Attorney to identify the two John Doe officers who interacted with Monroe on November 6, 2020, in Garnerville, New York, and provide their badge numbers and service addresses within 60 days.
Judge Philip M. Halpern ordered these service and identification steps but did not decide whether Monroe’s constitutional claims were valid. The court extended the service deadline to 90 days after the summonses are issued and warned that Monroe must report any address change.
The detailed version
- Monroe v. Cambel · No. 7:20-cv-10944
- Philip Halpern
- Mar. 29, 2021
Background
Michael J. Monroe, who was detained at the Rockland County Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, alleging violations of his constitutional rights. The defendants named in the caption include Town of Haverstraw Police Officer Sean Cambel, the Town of Haverstraw, and two John Doe officers. The court had previously granted Monroe permission to proceed without prepaying the filing fees.
Service on Named Defendants
Because Monroe was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service period to 90 days after the summonses were issued, rather than measuring it from the filing of the complaint. The court said Monroe should request more time if service was not completed within that period.
The court directed the Clerk of Court to complete the required service forms, issue summonses, and provide the Marshals Service with the paperwork needed to serve Officer Cambel and the Town of Haverstraw. Monroe was also required to notify the court in writing if his address changed, and the court stated that the action could be dismissed if he failed to do so.
Identification of John Doe Officers
The court found that Monroe had provided enough information for the Haverstraw Town Police Department to identify the two unidentified officers who interacted with him on November 6, 2020, in Garnerville, New York. Under the procedure described in the order, the Town Attorney was required to determine each officer’s identity, badge number, and address for service, and provide that information to Monroe and the court within 60 days.
The court stated that it would treat the complaint as amended once the John Doe officers were identified. If they were identified, the court would issue another service order directing the Clerk of Court to prepare the service forms and send the necessary documents to the Marshals Service.
Disposition
This was an order concerning service of process and identification of unidentified defendants. Judge Philip M. Halpern did not rule on the merits of Monroe’s constitutional-rights claims. The Clerk of Court was directed to mail the order and an information package to Monroe and to send the order and complaint to the Town of Haverstraw Attorney.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.