DiDonna v. Mass

Background

Louis A. DiDonna, who is incarcerated and proceeding without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local officials. He alleges that Robert W. Mass, Connor M. Stewart, Kyle Ferrand, Deputy Skow, and Constable Ketchum used excessive force during his arrest.

The court had previously allowed DiDonna to proceed without paying the filing fee in advance. It had also directed service of the lawsuit and applied a local rule concerning the exchange of information. The U.S. Marshals Service later returned service paperwork for Mass and Stewart as unexecuted, meaning those defendants had not been served. The court then directed the New York State Attorney General to provide addresses for defendants who could not be served. After receiving that information, DiDonna asked for another service order.

Ruling

Because DiDonna was proceeding without prepaying the filing fee, the court determined that he could rely on the court and the U.S. Marshals Service to carry out service. The court instructed the Clerk of Court to complete U.S. Marshals Service process forms, issue summonses, and deliver the required documents to the Marshals Service for Mass, Stewart, and Ketchum at the addresses listed in the order.

The court stated that if the amended complaint was not served within 90 days after the summonses were issued, DiDonna should request an extension of time. It also required him to notify the court in writing if his address changed and directed the Clerk to mail him an information package. The opinion is an order concerning service of process; it does not decide whether the alleged excessive force occurred or whether the defendants are liable.