Flowers v. Sehl
- Analisa Torres
- 1:22-cv-02766
- U.S. District Court · Southern District of New York
- 2
In Flowers v. Sehl, Judge Cott ordered City of New York counsel to accept service for Detective Best or provide his current address.
Antoine Eddie Flowers, Detective Michael Best, and counsel for the City of New York; the order also concerns service on the other named defendants.
What happened
Flowers v. Sehl is a case brought by Antoine Eddie Flowers, who is representing himself and was allowed to proceed without paying filing fees. The United States Marshals Service successfully served the City of New York, Detective Donald Sehl, and Detective Fred Dorch, but could not serve Detective Michael Best because he was not located at the listed address.
The court ordered counsel for the City of New York either to accept service for Detective Best or give the court a current address where Best could be served. Counsel had 10 days from the order’s date to provide that information.
Judge James L. Cott issued the order on August 19, 2022. The order concerns arranging service of the lawsuit and does not decide the underlying claims.
The detailed version
- Flowers v. Sehl · No. 1:22-cv-02766
- Analisa Torres
- Aug. 19, 2022
Background
Antoine Eddie Flowers is proceeding without a lawyer and without paying filing fees. An earlier order directed the United States Marshals Service to serve the City of New York; Detective Donald Sehl; Detective Fred Dorch; Detective Albert Gonzalez; and Detective Michael Best.
The Marshals Service filed a process-return form stating that it could not serve Detective Best because he was “not located at 1 Police Plaza.” The City of New York, Detective Sehl, and Detective Dorch had been served. Counsel for the City of New York had filed a notice of appearance for the City.
Court’s Analysis
The court relied on the rule that a person representing himself is entitled to the district court’s help identifying a defendant and an address where that defendant can be served. The court therefore directed the City’s counsel to assist with service on Detective Best.
Order and Effect
The court ordered counsel for the City of New York either to accept service on Detective Best’s behalf or provide the court with Best’s current address within 10 days of the order. After receiving that information, the court stated that it could direct the Clerk of Court, if necessary, to complete the service form and send the required documents to the Marshals Service. The opinion is an order about service of process—the formal delivery of the lawsuit—and does not resolve the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.