Lesane v. Doe 1

Background

Steven Lesane, who was incarcerated at FCI Hazelton and represented himself, brought an action under 42 U.S.C. § 1983, a federal civil-rights statute, alleging that the defendants violated his constitutional rights. The court had previously dismissed his complaint but allowed him to replead a malicious-prosecution claim. After the court directed the City of New York to identify defendants previously named as John Does, Lesane filed a second amended complaint asserting a malicious-prosecution claim against NYPD Undercover Officer No. 152, Detective Luis Batista, Retired Detective Daniel Smith, and Detective Edwin Martinez.

Service of Process

The court had already allowed Lesane to proceed without paying the filing fee. In such cases, federal law requires the court and the U.S. Marshals Service to handle service of the summons and complaint. The court explained that Lesane could not have served the documents before the court reviewed the complaint and ordered a summons to issue. It therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, the order states that Lesane should request an extension of time.

Order

Judge Katherine Polk Failla directed the clerk to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summons, and provide the Marshals Service with the documents needed to serve the defendants. The court also instructed Lesane to notify the court in writing if his address changes and warned that the action may be dismissed if he does not do so. The court certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. This order addressed service and related administration; it did not decide the merits of the malicious-prosecution claim.