Rombousek v. Harry
- Kenneth Karas
- 7:21-cv-03672
- U.S. District Court · Southern District of New York
- 4
In Rombousek v. Harry, Judge Karas ordered assistance identifying defendants and service of the complaint, without deciding the constitutional claims.
David Rombousek; Trinity Company; Sergeant Colby; Sergeant Gessner; the unidentified defendants referred to as Supervisor Harry and John Doe; the Orange County Attorney; the Clerk of Court; and the U.S. Marshals Service.
What happened
Rombousek v. Harry concerns David Rombousek’s pro se lawsuit claiming that defendants violated his constitutional rights while he was held at the Orange County Jail. The court had already allowed him to proceed without paying court fees upfront.
The court ordered the Clerk and U.S. Marshals Service to issue and serve papers on Trinity Company, Sergeant Colby, and Sergeant Gessner. It also ordered the Orange County Attorney to identify the defendants called Supervisor Harry and John Doe and provide their service information within 60 days. Rombousek must file an amended complaint naming them within 30 days after receiving that information.
Judge Kenneth M. Karas did not decide whether Rombousek’s constitutional claims were valid. The order addressed service and identification of defendants and directed that any amended complaint would later be screened.
The detailed version
- Rombousek v. Harry · No. 7:21-cv-03672
- Kenneth Karas
- June 17, 2021
Background
David Rombousek, who was incarcerated at Greene Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that the defendants violated his federal constitutional rights while he was held at the Orange County Jail. The court had previously granted permission for him to proceed without paying court fees upfront.
Service on Named Defendants
Because Rombousek was allowed to proceed without paying fees upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the complaint and summonses. The court extended the service deadline to 90 days after summonses are issued. It stated that Rombousek should request more time if service is not completed by that deadline.
The court directed the Clerk of Court to prepare service forms, issue summonses, and provide the U.S. Marshals Service with the documents needed to serve Trinity Company, Sergeant Colby, and Sergeant Gessner. Rombousek was also required to notify the court in writing if his address changes; the court warned that the action could be dismissed if he fails to do so.
Identifying Unknown Defendants
The court applied a procedure allowing a person proceeding without a lawyer to receive help identifying an unknown defendant. It ordered the Orange County Attorney to determine the identities of the person referred to as Supervisor Harry and the person referred to as John Doe, whom Rombousek alleged were working at the Orange County Jail on January 17, 2021. The Orange County Attorney must provide the identities and service addresses to Rombousek and the court within 60 days of the order.
Within 30 days after receiving that information, Rombousek must file an amended complaint naming the John Doe defendant and giving Harry’s full name. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if needed, later direct service on the newly identified defendants.
Disposition
The order directed the Clerk of Court to mail the order and information materials to Rombousek, issue summonses, complete service forms for the specified defendants, and provide the necessary papers to the U.S. Marshals Service. It also directed that the order and complaint be mailed to the Orange County Attorney. The court did not decide the merits of Rombousek’s constitutional claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.