Jude v. New York State Office of Mental Health
- Nelson Roman
- 7:22-cv-07441
- U.S. District Court · Southern District of New York
- 4
In Jude v. New York State Office of Mental Health, Judge Roman directed the U.S. Marshals Service to serve two defendants.
Steven Jude, Virginia Morrow, Paula Bozer, M.D., the Clerk of Court, and the U.S. Marshals Service.
What happened
Steven Jude filed Jude v. New York State Office of Mental Health while incarcerated, alleging unconstitutional confinement conditions and disability discrimination. He brought claims under federal civil-rights, disability, and other laws and was allowed to proceed without paying filing fees in advance.
Jude later amended his complaint to name Commissioner’s Hearing Officer Virginia Morrow and Paula Bozer, M.D., the New York State Department of Corrections and Community Supervision’s medical director. The order addressed how those defendants would receive the lawsuit, not whether Jude’s claims were legally valid.
Judge Nelson S. Roman directed the Clerk of Court to issue summonses, complete service forms, and send the necessary papers to the U.S. Marshals Service so it could serve Morrow and Bozer. Jude was told to seek more time if service was not completed within 90 days after the summonses were issued and to notify the court of any address change.
The detailed version
- Jude v. New York State Office of Mental Health · No. 7:22-cv-07441
- Nelson Roman
- Feb. 14, 2023
Background
Steven Jude, who was incarcerated at Five Points Correctional Facility, brought this case without a lawyer. He alleged that, while confined at Sullivan Correctional Facility, he experienced unconstitutional conditions of confinement and discrimination based on sensory, physical, and mental disabilities. The complaint invoked 42 U.S.C. § 1983, the Americans with Disabilities Act, the Rehabilitation Act, and New York’s Humane Alternatives to Long-Term Solitary Confinement Act.
The court had previously allowed Jude to proceed without prepaying filing fees. This permission does not eliminate a prisoner’s obligation to pay the filing fee over time under the applicable federal statute. The New York State Attorney General identified “Morrow” as Commissioner’s Hearing Officer Virginia Morrow and provided an address for service. Jude then filed an amended complaint naming Morrow and Paula Bozer, M.D., identified as the Medical Director of the New York State Department of Corrections and Community Supervision.
Order
Because Jude was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court instructed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the documents needed for service to the Marshals Service.
The court stated that if the complaint was not served within 90 days after the summonses were issued, Jude should request an extension of time. It also stated that Jude must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so. The Clerk was directed to mail Jude a copy of the order and record service on the docket.
Significance
This was an order about serving two defendants. It did not decide whether Jude’s allegations were true, whether the defendants violated any law, or whether any claim should be dismissed. The court’s conclusion was to direct the Clerk to issue summonses, complete the service forms with the defendants’ addresses, and provide the necessary documents to the U.S. Marshals Service.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.