Pitt v. County of Rockland

Background

Malcolm Pitt, who is incarcerated and proceeding without a lawyer and without paying the filing fee, began this action on September 29, 2022. His initial complaint named Rockland County, Sergeant Oblenis, Sergeant Lowe, Correction Officer Karney, Correction Officer G. Vandunk, Officer Figueroa, and Officer Dawson. The court later allowed Pitt to file an amended complaint to add details, add a defendant, and remove a defendant. The first amended complaint removed Officer Dawson and added Officer Spence.

The court had previously directed the clerk to issue summonses and send the documents needed for service to the U.S. Marshals Service. Several defendants had been served, but the docket did not contain proof that Rockland County had been served. The court explained that because Pitt was proceeding without paying the filing fee, he was entitled to rely on the court and the Marshals Service to complete service.

Court’s Orders

The court ordered the clerk to add Officer Spence to the docket, issue a summons for Spence, complete the U.S. Marshals Service process form with Spence’s address, and send the necessary documents to the Marshals Service. It directed the Marshals Service to serve Rockland County with the previously issued summons and the first amended complaint, or to file proof of prior service on the county.

The court extended Pitt’s deadline under Federal Rule of Civil Procedure 4(m) to serve the remaining defendants until 90 days after the summons for Officer Spence was issued. It also stayed the previously served defendants’ deadlines to answer, file a motion, or otherwise respond to the first amended complaint, pending a further court order.

Judge Vincent L. Briccetti additionally certified that an appeal from the order would not be taken in good faith and denied Pitt permission to proceed without paying the filing fee for purposes of an appeal. This order addressed service and response deadlines; it did not decide the underlying claims.