Debellis v. Andrew Nash and James Flynn

Background

On March 28, 2022, the court dismissed the claims against all defendants except Sergeant Flynn and Detective Nash. Defense counsel later informed the court that Flynn had not been served with the lawsuit and had retired from the New York City Police Department. The court directed counsel to provide contact information so Flynn could be served.

On May 4, 2022, counsel reported that the New York City Police Department had received Flynn’s signed designation of an agent for service of process. Flynn could therefore be served at 1 Police Plaza.

Order

Because the information needed for service had only recently become available, the court extended the time to serve Flynn until 90 days after the summons is issued. The court stated that, if the complaint is not served within that period, Debellis should request another extension of time.

Debellis had permission to proceed without paying the ordinary costs of the case. The court therefore stated that he could rely on the court and the U.S. Marshals Service to carry out service. It directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return Form for Flynn, issue a summons, and give the Marshals Service all paperwork needed to serve Flynn. The Clerk was also directed to mail Debellis a copy of the order.

Disposition

Judge Jesse M. Furman entered an order extending the time for service on James Flynn and directing the Clerk and U.S. Marshals Service to assist with that service. The order addressed service procedure and did not decide the merits of Debellis’s claims.