Garcia v. Torres

Background

Felix Garcia, who was incarcerated at Five Points Correctional Facility, brought this unrepresented lawsuit under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violations of constitutional rights. He alleged that Sing Sing Corrections Officers E. Torres and K. Lamb subjected him to excessive force on December 11, 2019.

The court had previously granted Garcia permission to proceed without paying the filing fee in advance. The order noted that prisoners must still pay the full filing fee over time under the federal filing-fee statute.

Service of the lawsuit

Because Garcia was allowed to proceed without advance payment of fees, the court ordered service through the U.S. Marshals Service. The Clerk of Court was directed to complete the required service forms with addresses for E. Torres and K. Lamb, issue summonses, and provide the Marshals Service with the documents needed to serve both defendants.

The court stated that service must occur within 90 days after the summonses are issued. If service is not completed by then, Garcia should request an extension. The order also required Garcia to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Discovery

The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified interrogatories and requests for documents. E. Torres and K. Lamb must serve responses to those standard discovery requests within 120 days after service of the complaint and must quote each request word for word in their responses.

Disposition

Judge Cathy Seibel ordered the Clerk to mail Garcia an information package, complete the service forms, and deliver the necessary documents to the U.S. Marshals Service. This order concerns service and early discovery. It does not decide the merits of Garcia’s excessive-force claim or determine whether either defendant is liable.