Grossman v. United States of America

Background

Yitz Grossman brought this action without a lawyer against Officer Ahamad Rezak, also identified as Ahmed Rezak, and several other defendants. He alleged that the defendants violated his right to freely practice his religion while he was incarcerated at Otisville Correctional Facility. Grossman filed an amended complaint on December 26, 2019.

The court directed Grossman to serve the summons and complaint on the defendants. Grossman later reported that he could not verify Rezak’s residence. The court ordered the New York State Attorney General’s Office to help obtain Rezak’s address. On May 11, 2022, that office reported that the New York State Department of Corrections and Community Supervision had never employed anyone with the last name “Rezak.” It also stated that the amended complaint appeared to describe incidents at a federal facility operated by the Federal Bureau of Prisons, suggesting that Rezak may be employed by that federal agency.

Court’s Order

The court directed the United States Department of Justice and the United States Attorney’s Office to provide Rezak’s current address for service by June 27, 2022. After the government responds, Grossman will have 30 days from the response date to serve Rezak with the summons and amended complaint.

The court also reminded Grossman that he was not proceeding without paying court fees and therefore remained responsible for serving Rezak once the correct address was provided. The clerk was directed to mail the order to Grossman and to the United States Department of Justice and United States Attorney’s Office.

Effect of the Order

This order addressed how Grossman could serve one defendant; it did not decide whether the defendants violated his religious-practice rights. Judge Nelson S. Roman’s order therefore kept the service process moving while the court sought Rezak’s address.