DiDonna v. Mass

Background

Louis A. DiDonna brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state or local officials. He alleged that the defendants used excessive force during his arrest. The opinion states that he was incarcerated at Pike County Correctional Facility in Lords Valley, Pennsylvania.

Judge Swain had previously granted DiDonna permission to proceed without paying the filing fee up front. The case was reassigned to Judge Philip M. Halpern on July 28, 2022.

Court’s action

Because DiDonna was permitted to proceed without prepaying the fee, the court directed the Clerk of Court and the U.S. Marshals Service to handle service of the lawsuit. The Clerk was instructed to complete U.S. Marshals Service process forms, issue summonses, and provide the Marshals Service with the documents needed to serve Sgt. Robert W. Mass and Trooper Connor M. Stewart of the New York State Police, and Deputy Kyle Farrand and Deputy Skow of the Sullivan County Sheriff’s Department.

The court stated that service must occur within 90 days after the summonses are issued. It also stated that DiDonna should request an extension if service is not completed within that period and must notify the court in writing if his address changes.

Disposition and scope

The court issued an order of service. This procedural order did not resolve the merits of DiDonna’s excessive-force claim and did not determine whether any defendant violated his rights. The court also directed the Clerk to mail DiDonna an information package.