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 identified two John Doe defendants and ordered Marshals Service steps for service in Monroe’s pro se civil-rights case.
Michael J. Monroe and the newly identified defendants, Police Officer William Santiago and Lieutenant Ian Kaye; the Clerk of Court and U.S. Marshals Service were directed to take service-related steps.
What happened
Michael J. Monroe, who is detained at the Rockland County Correctional Facility and is representing himself, brought this civil-rights case under federal law against Sean Cambel and others. The court had previously ordered the Town of Haverstraw’s attorney to identify two John Doe defendants.
The attorney identified those defendants as Haverstraw Police Officer William Santiago and Lieutenant Ian Kaye. The court treated Monroe’s complaint as amended to name them and directed the Clerk of Court to prepare summonses and service documents for the U.S. Marshals Service. The court also extended the service deadline to 90 days after the summonses are issued.
Judge Philip M. Halpern ordered these service steps and directed Monroe to notify the court of any address change. The court also denied Monroe permission to proceed without paying fees for an appeal from this order, certifying that such an appeal would not be taken in good faith. The order did not decide the merits of Monroe’s constitutional claims.
The detailed version
- Monroe v. Cambel · No. 7:20-cv-10944
- Philip Halpern
- May 7, 2021
Background
Michael J. Monroe, who was detained at the Rockland County Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, alleging violations of his constitutional rights. The caption names Town of Haverstraw Police Officer Sean Cambel and other defendants. The court had previously directed the Town of Haverstraw’s attorney to identify the John Doe defendants Monroe sought to sue and provide information needed for service.
By letter dated May 6, 2021, the Town’s counsel identified the John Doe defendants as Police Officer William Santiago, Badge No. 241, and Lieutenant Ian Kaye, both of the Haverstraw Police Department. The court had previously stated that it would treat the complaint as amended once those defendants were identified.
Service of Process
Because Monroe had permission to proceed without paying the filing fee, he could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day service period could not begin in the ordinary way because Monroe could not serve the summons and complaint until the court reviewed the complaint and ordered summonses issued. The court therefore extended the service deadline to 90 days after the summonses are issued.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Santiago and Kaye, issue summonses, and deliver the necessary paperwork to the Marshals Service. The court stated that Monroe should request an extension of time if service is not completed within that period. It also directed Monroe to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.
Disposition
Judge Philip M. Halpern deemed the complaint amended to identify Police Officer William Santiago and Lieutenant Ian Kaye as the John Doe defendants. The Clerk of Court was directed to mail Monroe a copy of the order and provide the service materials to the Marshals Service.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order addressed identification and service of defendants and did not decide the merits of Monroe’s constitutional claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.