Terez v. Kambouris

Background

Jahw’rel Terez, proceeding without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local officials. Terez alleges that Manolis Kambouris, identified as a police officer, used excessive force against him during an arrest. The defendants are Kambouris and the City of New York.

The court had previously granted Terez permission to proceed without prepaying court fees. In such cases, the court and the U.S. Marshals Service can handle service of the summons and complaint.

Service Order

The court explained that the usual 90-day service period could not begin in the ordinary way because Terez could not serve the defendants until the court reviewed the complaint and ordered summonses to be issued. The court therefore extended the time for service until 90 days after the summonses are issued. The court stated that Terez should request an extension if service is not completed within that period and must notify the court in writing if his address changes.

The court instructed the Clerk of Court to issue summonses for the City of New York and Manolis Kambouris, complete USM-285 service forms with the defendants’ listed addresses, and deliver the necessary paperwork to the U.S. Marshals Service. The Clerk was also directed to mail Terez an information package.

Effect of the Order

This was an order arranging service of the lawsuit. It did not decide whether Kambouris used excessive force, whether the City of New York was liable, or any other underlying claim.