Prendergast v. Department of Corrections
- Analisa Torres
- 1:20-cv-09418
- U.S. District Court · Southern District of New York
- 4
In Hopeton Prendergast v. Brann, Judge Aaron ordered service of Prendergast’s COVID-19 jail-safety lawsuit but did not decide its merits.
Hopeton Prendergast, Patricia Yang, Margaret Egan, Cynthia Brann, and the court and Marshals Service personnel responsible for serving the lawsuit.
What happened
Hopeton Prendergast v. Cynthia Brann et al. is a lawsuit by a person held at the Vernon C. Bain Center, who claims jail officials failed to protect him from contracting COVID-19. He filed the case without a lawyer under a federal civil-rights law covering actions by state or local officials.
The court had allowed Prendergast to proceed without paying court fees in advance. It directed the Clerk of Court to prepare service papers for Patricia Yang and Margaret Egan and send them to the U.S. Marshals Service. It also asked Cynthia Brann to waive formal service of the summons.
Magistrate Judge Stewart D. Aaron entered the April 9, 2021 order of service. The order addressed only how the defendants would receive the lawsuit; it did not decide whether Prendergast’s allegations were legally or factually correct.
The detailed version
- Prendergast v. Department of Corrections · No. 1:20-cv-09418
- Analisa Torres
- Apr. 9, 2021
Background
Hopeton Prendergast, who was incarcerated at the Vernon C. Bain Center, filed a lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that jail officials were failing to protect him from contracting COVID-19. The opinion states that Prendergast filed a Second Amended Complaint on April 5, 2021.
The court had previously granted Prendergast permission to proceed without prepaying filing fees. That permission allows him to rely on the court and the U.S. Marshals Service to serve process, meaning to formally deliver the summons and complaint to the defendants. The opinion also notes that prisoners remain responsible for paying the filing fee over time under 28 U.S.C. § 1915(b)(1).
Order concerning Yang and Egan
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Patricia Yang and Margaret Egan. The Clerk was also directed to issue summonses and provide the Marshals Service with the documents needed to serve those defendants.
Order concerning Brann
The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department of the order. The court requested that Commissioner Cynthia Brann waive service of the summons.
Other instructions and disposition
Prendergast was ordered to notify the court in writing if his address changes. The order states that the action may be dismissed if he fails to do so. The Clerk was also asked to mail Prendergast a copy of the order and an information package.
This was an order of service. It did not decide the merits of Prendergast’s claim that officials failed to protect him from COVID-19. The court entered directions for service and related administrative steps; it did not grant or deny a merits motion.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.