Torres v. City of New York
- Edgardo Ramos
- 1:19-cv-06332
- U.S. District Court · Southern District of New York
- 3
In Torres v. City of New York, Judge Ramos ordered NYCHH to report how two doctors could be served after repeated unsuccessful attempts.
Wilfredo Torres, NYCHH, and Drs. Arkaprava Deb and Steven Issley; NYCHH must explain how the two doctors can be served or accept service for them.
What happened
In Torres v. City of New York, Wilfredo Torres, representing himself, sued the City of New York, New York City Health and Hospitals (NYCHH), and others over alleged constitutional-rights violations during an apartment raid and later hospitalization. He added Dr. Arkaprava Deb and another doctor he initially identified as Dr. Steven Lasley.
The court directed NYCHH to identify the doctors and helped arrange service of the lawsuit papers. NYCHH later identified the second doctor as Dr. Steven Issley. Attempts to serve Dr. Deb and Dr. Issley at Bellevue Hospital were made twice but were unsuccessful.
Judge Edgardo Ramos ordered NYCHH to file a status report by February 18, 2022, explaining how the two doctors could be served or agreeing to accept service for them. This order addressed service of the lawsuit and did not decide the underlying constitutional claims.
The detailed version
- Torres v. City of New York · No. 1:19-cv-06332
- Edgardo Ramos
- Feb. 15, 2022
Background
Wilfredo Torres, proceeding without a lawyer, brought this action against the City of New York, New York City Health and Hospitals (NYCHH), and several individuals concerning alleged constitutional-rights violations during a raid of his apartment and a later hospitalization at Bellevue Hospital.
The court directed counsel for the City and NYCHH to identify unnamed defendants. NYCHH identified one doctor as Dr. Arkaprava Deb. Torres later added a second doctor, whom he called Dr. Steven Lasley. After Bellevue Hospital reported that it had no record of Dr. Lasley, the court issued another identification order. NYCHH then identified the second doctor as Dr. Steven Issley and confirmed Bellevue Hospital as the service address for both doctors.
Service Attempts
The court issued an order directing service on Drs. Deb and Issley and requiring already-served defendants to answer. The United States Marshals Service attempted to serve both doctors in person at Bellevue Hospital and mailed the summonses. The February 8, 2022 returns of service reported that both attempts were unsuccessful. For Dr. Deb, the return stated that he did not work at the hospital, and the mailed summons received no response. The return for Dr. Issley likewise reflected an unsuccessful in-person attempt and no response to the mailing.
Ruling
Judge Edgardo Ramos ordered NYCHH to provide a status report by February 18, 2022. The report must explain how Drs. Deb and Issley may be served or state that NYCHH will accept service on their behalf. The Clerk was also asked to mail a copy of the order to Torres. The order concerns service and does not resolve the merits of Torres's constitutional claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.