Horne v. Brann

Background

Danny Horne, who was detained at the Vernon C. Bain Center, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by government officials. Horne alleged that Cynthia Brann, Patsy Yang, and Margaret Egan violated his federal constitutional rights by failing to protect him from contracting COVID-19.

The court had previously granted Horne permission to proceed without prepaying court fees. The opinion explains that prisoners still must pay the full filing fee over time even when granted that permission.

Service of Yang and Egan

Because Horne was proceeding 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 time for service until 90 days after the summonses were issued. It stated that, if service was not completed within that period, Horne should request an extension of time.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for Yang and Egan, issue summonses, and deliver the necessary paperwork to the Marshals Service. The opinion also directed Horne to notify the court in writing if his address changes and stated that the court may dismiss the action if he fails to do so.

Service of Brann

The Clerk was directed 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.

Disposition

The court entered an order of service. Judge Jesse M. Furman directed the Clerk to mail Horne a copy of the order and an information package, issue the summonses, complete the service forms for Yang and Egan, and send the documents to the Marshals Service. The order addressed service and case administration; it did not decide the merits of Horne’s constitutional claims.