Perry v. Vega
- Valerie Caproni
- 1:22-cv-05813
- U.S. District Court · Southern District of New York
- 3
In Perry v. Vega, Judge Caproni ordered the U.S. Marshals Service to serve the defendants in Perry’s false-arrest case.
Kahreem Perry, the five defendants identified for service, the Clerk of Court, and the U.S. Marshals Service.
What happened
Kahreem Perry, who is representing himself and is detained at Rikers Island before trial, sued Steven Vega and others under a federal civil-rights law. He alleges that the defendants falsely arrested and imprisoned him. The court had previously allowed him to proceed without paying fees upfront.
Because Perry was allowed to proceed without paying fees upfront, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The order directed the Clerk of Court to issue summonses and prepare the paperwork needed to serve Steven Vega, Myles Leonard, Sayit Tomy, Thomas McCue, and Kirk Birmelin.
Judge Valerie Caproni ordered the Clerk to deliver the service documents to the Marshals Service and mail Perry an information package. The court said Perry should request more time if service is not completed within 90 days after the summonses are issued, and warned that failing to report an address change could lead to dismissal. The order did not decide whether Perry’s false-arrest and false-imprisonment allegations were valid.
The detailed version
- Perry v. Vega · No. 1:22-cv-05813
- Valerie Caproni
- Aug. 25, 2022
Background
Kahreem Perry, proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 alleging that the defendants falsely arrested and imprisoned him. The opinion states that Perry was a pretrial detainee confined at Rikers Island. The court had previously granted him permission to proceed without prepaying filing fees.
Service of process
Because Perry was authorized to proceed without prepaying fees, the court explained that he could rely on the Clerk of Court and the U.S. Marshals Service to serve the defendants. The order directed the Clerk to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the documents needed for service concerning Steven Vega, Myles Leonard, Sayit Tomy, Thomas McCue, and Kirk Birmelin. The service-address section spells Tomy’s first name as “Sajit,” while the body and conclusion spell it “Sayit.”
The court stated that service must occur within 90 days after the summonses are issued. If service is not completed by then, Perry should request an extension of time. The court also required Perry to notify it in writing of any address change and stated that the action could be dismissed if he failed to do so. The Clerk was additionally directed to mail Perry an information package.
Disposition
The court entered an order directing the Clerk to issue summonses and provide the necessary documents to the U.S. Marshals Service. This order addressed service of process and did not decide the merits of Perry’s allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.