Monroe v. County of Rockland

Background

Michael J. Monroe brings this action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state or local officials. He alleges that the defendants were deliberately indifferent to a risk of serious harm from another inmate. Monroe is detained at Rockland County Correctional Center and is proceeding without a lawyer. The court had previously allowed him to proceed without prepaying the filing fee. The County of Rockland had already been served, and Monroe identified Correction Officers Salvatore Librizzi and Nicholas Misurda and named them in a second amended complaint.

Service of the Individual Officers

Because Monroe was allowed to proceed without prepaying the filing fee, the court stated that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The Clerk was directed to complete a U.S. Marshals Service Process Receipt and Return form for Librizzi and Misurda, issue a summons, and provide the Marshals Service with the paperwork needed to serve them.

The court extended the time for service until 90 days after the summons is issued. It stated that, if service is not completed within that period, Monroe should request an extension of time. The court also repeated that all defendants may respond to the second amended complaint on the date the last-served defendant is required to respond. Monroe must notify the court in writing if his address changes, and the court stated that it may dismiss the action if he fails to do so.

Discovery Requirement

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specific court-ordered discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

Disposition

The court directed the Clerk to mail the order to Monroe and to provide the Marshals Service with the documents necessary to serve Librizzi and Misurda. It ordered that Local Civil Rule 33.2 applies to the action. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed service, discovery, and appeal-fee status; it did not decide whether Monroe’s underlying deliberate-indifference allegations are legally or factually correct.