James v. Kelly

Background

Julian James, who was incarcerated when the order was entered, filed this lawsuit without a lawyer and seeks damages. His allegations arise from an alleged arrest by Police Lieutenant Kelly of the New York City Police Department’s 44th Precinct. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal civil-rights law, and under state law.

The court had previously granted James permission to proceed without paying filing fees in advance. The order notes that prisoners remain responsible for the full filing fee under the applicable statute.

Ruling

Because James was permitted to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve Kelly. Judge Mary Kay Vyskocil directed the Clerk of Court to issue a summons, complete a U.S. Marshals Service process form with Kelly’s address, and give the Marshals Service the documents needed to serve Kelly.

The order states that service must occur within 90 days after the summons is issued. If service is not completed by then, James should request more time. It also requires James to notify the court in writing if his address changes and warns that the action may be dismissed if he does not do so.

Effect of the Order

This was an order arranging service of the lawsuit. It did not decide the merits of James’s federal or state-law claims, and it did not rule on whether Kelly is liable.