McPhee v. Laino
- Vincent Briccetti
- 7:22-cv-10095
- U.S. District Court · Southern District of New York
- 4
In McPhee v. Laino, Judge Briccetti ordered service of an excessive-force lawsuit and required standard prisoner discovery responses.
Aasim McPhee and Sgt. N. Laino. The order directs the U.S. Marshals Service to serve Laino and requires the defendant to provide standard prisoner-case discovery responses; it does not resolve McPhee’s excessive-force claim.
What happened
In McPhee v. Laino, Aasim McPhee, who is incarcerated at Green Haven Correctional Facility, sued Sgt. N. Laino under a federal civil-rights law, alleging excessive force. The court had already allowed McPhee to proceed without paying court fees upfront.
Judge Briccetti directed the Clerk of Court to issue a summons and send the necessary papers to the U.S. Marshals Service so it could serve Laino. The court extended the service deadline to 90 days after the summons is issued and said Local Civil Rule 33.2 applies, requiring the defendant to answer specified discovery requests within 120 days after service.
Judge Briccetti did not decide whether excessive force occurred. The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying appeal fees. The order also instructed McPhee to keep the court informed of any address change.
The detailed version
- McPhee v. Laino · No. 7:22-cv-10095
- Vincent Briccetti
- Jan. 3, 2023
Background
Aasim McPhee brought this action under 42 U.S.C. § 1983, alleging that Sgt. N. Laino, identified as a correctional officer, used excessive force against him. The opinion states that McPhee is currently incarcerated at Green Haven Correctional Facility and is representing himself. The court had previously granted his request to proceed in forma pauperis, meaning he could begin the case without prepaying court fees. The opinion also notes that prisoners remain responsible for the full filing fee under the applicable statute.
Service of Process
Because McPhee was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve Laino. The Clerk of Court was instructed to complete the required service form, issue a summons, and send the necessary documents to the Marshals Service. The court extended the usual service period so that the deadline would be 90 days after the summons is issued. If service is not completed within that period, McPhee should request more time. The court also stated that McPhee must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.
Discovery Requirement
The court ruled that Local Civil Rule 33.2 applies to this action. That rule requires defendants in certain prisoner cases to respond to specified interrogatories and requests for production of documents. The defendant must serve responses within 120 days after service of the complaint and must quote each request verbatim in the responses. The court noted that McPhee could request copies of the standard discovery requests from the Pro Se Intake Unit if he could not access them online.
Disposition
Judge Vincent L. Briccetti ordered the Clerk to issue the summons, complete the service forms, and deliver the documents to the Marshals Service. The court also ruled that Local Civil Rule 33.2 applies. It did not decide the merits of McPhee’s excessive-force allegation. Finally, the court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk was directed to mail McPhee a copy of the order and an information package.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.