Ware v. Brann

Background

Walter Ware brings this case under 42 U.S.C. § 1983, a federal law allowing claims against people who allegedly violate constitutional rights while acting under state law. The opinion says Ware is detained at the Vernon C. Bain Center and is proceeding without a lawyer. He alleges that Cynthia Brann, Patsy Yang, and Margaret Egan are violating his constitutional rights. The court had previously granted Ware permission to proceed without paying the filing fee up front.

This order does not decide whether Ware’s allegations have merit. It concerns service of process—the formal delivery of the summons and complaint to the defendants.

Service on Yang and Egan

Because Ware was authorized to proceed without paying the filing fee up front, the court held 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 are issued, explaining that Ware could not have served the summonses and complaint before the court reviewed the complaint and ordered that summonses be issued.

The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form for Patsy Yang and Margaret Egan, issue summonses, and deliver the paperwork needed for the Marshals Service to serve them. The opinion includes service addresses for Yang and Egan.

The court stated that if service is not completed within 90 days after the summonses are issued, and Ware has not requested an extension within that period, the case may be dismissed under Rules 4 and 41 of the Federal Rules of Civil Procedure. Ware was also instructed to notify the court in writing if his address changes; the court warned that failing to do so may result in dismissal.

Service on Brann and disposition

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.

Judge Paul G. Gardephe ordered the Clerk to mail Ware a copy of the order and an information package, issue the summonses, complete the service forms for Yang and Egan, provide the documents to the Marshals Service, and electronically notify the two New York City agencies. The court did not dismiss the case, rule on the constitutional claims, or enter judgment for either side.