Palm v. Brooks

Background

Nicholas Palm, who is incarcerated at the Orange County Correctional Facility and is representing himself, filed an action under 42 U.S.C. § 1983 alleging that Sgt. Jessica Brooks NBNY PD, Trooper Tyller K. Carrozzo, and Trooper Nathaneal Schack violated his constitutional rights. The opinion states that the court had previously granted Palm permission to proceed without prepaying court fees.

Service of the lawsuit

The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete U.S. Marshals Service process forms for Brooks, Carrozzo, and Schack, issue summonses, and provide the Marshals Service with the documents needed to serve them.

Although the usual deadline for serving a summons and complaint is 90 days after the complaint is filed, the court extended Palm’s deadline because he could not serve the documents before the court reviewed the complaint and ordered summonses issued. The court set the deadline at 90 days after the summonses are issued. If service is not completed within that period, Palm should request an extension of time. The court also stated that Palm must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

Ruling

Judge Vincent L. Briccetti ordered the Clerk of Court to issue summonses, complete the service forms with the defendants’ addresses, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Palm an information package. This order addressed service of process and did not decide the merits of Palm’s constitutional-rights allegations.