Morabito v. Westchester County

Background

Jeffrey Morabito brought a self-represented action under 42 U.S.C. § 1983 and Title II of the Americans with Disabilities Act. He alleged that the defendants provided inadequate medical treatment for symptoms of opioid withdrawal. The opinion states that Morabito was then in the custody of the Westchester County Department of Correction.

The defendants identified in the service portion of the order were Westchester County, Correct Care Solutions, WellPath Medical Services, and Sergeant Price. The court had granted Morabito permission to proceed without prepaying filing fees in an order dated August 12, 2022. That permission is commonly called proceeding in forma pauperis.

Service of the lawsuit

Because Morabito was proceeding without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service period so that the 90-day period would begin when the summonses were issued, rather than when the complaint was filed.

The court stated that if the complaint was not served within 90 days after the summonses were issued, Morabito should request an extension of time. It also directed him to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Order

Judge Kenneth M. Karas directed the Clerk of Court to issue summonses for Westchester County, Correct Care Solutions, WellPath Medical Services, and Sergeant Price; complete the U.S. Marshals Service process forms with the defendants’ addresses; and deliver the necessary documents to the Marshals Service. The Clerk was also directed to mail Morabito an information package.

This was a procedural service order. It did not rule on the merits of Morabito’s civil-rights or disability claims and did not determine whether the defendants were liable.