Rivera v. Town of New Fairfield
- Vincent Briccetti
- 7:22-cv-01874
- U.S. District Court · Southern District of New York
- 2
In Rivera v. Town of New Fairfield, Judge Briccetti ordered service of the complaint and summonses; the case’s merits were not decided.
Humberto Rivera, Jr.; the Town of New Fairfield; New Fairfield Connecticut Police; Sergeant Adam Wagnblas; Trooper Stevenson; First Selectman Patricia Del Monaco; Selectmen Khris Hall; Selectmen Kim Hansen; and the four unidentified John Doe defendants.
What happened
In Rivera v. Town of New Fairfield, Humberto Rivera, Jr., who was representing himself and paid the filing fees, brought an action against the listed defendants. The order did not describe the claims’ substance.
The court directed the Clerk to issue summonses for the Town of New Fairfield, New Fairfield Connecticut Police, Sergeant Adam Wagnblas, Trooper Stevenson, First Selectmen Patricia Del Monaco, Selectmen Khris Hall, and Selectmen Kim Hansen. Rivera must serve those defendants within 90 days after the summonses are issued or request more time; otherwise, the court may dismiss the claims for failure to prosecute. The court also said it would later direct the Town’s attorney to identify four defendants identified only as John Does and provide their service addresses.
Judge Vincent L. Briccetti issued the order on March 31, 2022. The order addressed service of process and did not decide the merits of Rivera’s claims.
The detailed version
- Rivera v. Town of New Fairfield · No. 7:22-cv-01874
- Vincent Briccetti
- Mar. 31, 2022
Background
Humberto Rivera, Jr. filed the action without a lawyer and paid the filing fees. The opinion does not describe the underlying claims.
Court’s Order
The court directed the Clerk of Court to issue summonses for the following defendants: Town of New Fairfield; New Fairfield Connecticut Police; Sergeant Adam Wagnblas; Trooper Stevenson; First Selectmen Patricia Del Monaco; Selectmen Khris Hall; and Selectmen Kim Hansen.
Rivera was directed to serve the summonses and complaint on those defendants within 90 days after the summonses were issued. The court stated that, if Rivera did not serve the defendants or request an extension within that period, it might dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute, meaning failure to move the case forward.
The court also stated that, after counsel for the Town of New Fairfield appeared, it would issue another order directing counsel to identify the four John Doe defendants and provide addresses where they could be served. The court cited a Second Circuit decision stating that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant.
Disposition
The order directed issuance and service of process. It did not rule on the merits of the claims or otherwise resolve the case. Judge Vincent L. Briccetti signed the order on March 31, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.