Chepilko v. The City of New York

Background

Chepilko brought a civil-rights action under 42 U.S.C. § 1983, alleging that the defendants violated his First Amendment right to sell his photographs at Rockefeller Center. He is representing himself. The court had granted him permission to proceed without prepaying filing fees.

The court previously determined that Chepilko could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the New York City Law Department to identify the officers initially named as John Does. Chepilko later filed an amended complaint naming individual defendants, including Michael Loeffel and Louis Barbarelli. He declined to file a second amended complaint after the court granted him permission to do so. The City’s Corporation Counsel later informed the court that it would not accept service for the individual defendants.

Court’s Action

Because Chepilko was permitted to proceed without prepaying fees, the court explained that he was entitled to rely on the court and the U.S. Marshals Service to carry out service. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each of the two defendants, issue amended summonses, and deliver the necessary paperwork to the Marshals Service.

The court stated that if the amended complaint is not served within 90 days after the summonses are issued, Chepilko should request an extension of time. It also instructed him to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

Judge Andrew L. Carter, Jr. directed the Clerk to mail Chepilko an information package, issue amended summonses for Michael Loeffel and Louis Barbarelli, complete the service forms with the listed address, and provide the documents to the U.S. Marshals Service. This order addressed service of process and did not decide the merits of Chepilko’s First Amendment claim.