LaTouche v. Bodge
- Philip Halpern
- 7:23-cv-02207
- U.S. District Court · Southern District of New York
- 8
In LaTouche v. Bodge, Judge Halpern ordered service of the complaint and provided information about a legal clinic, without deciding the claims.
Valery LaTouche, Brian J. Bodge, Elaine Velez, the Clerk of Court, and the U.S. Marshals Service.
What happened
In LaTouche v. Bodge, Valery LaTouche, who is incarcerated and representing himself, alleges that Brian J. Bodge and Elaine Velez violated rights protected by the First and Fourteenth Amendments. The court had already allowed him to proceed without paying court fees in advance.
The court ordered the Clerk to issue summonses for Bodge and Velez and send the required papers to the U.S. Marshals Service for service. The court also said that service must occur within 90 days after the summonses are issued, unless LaTouche requests more time, and directed him to report any address change. The order included information about limited legal assistance available from the New York Legal Assistance Group.
Judge Philip M. Halpern issued an order of service on March 28, 2023. The order did not decide whether LaTouche’s claims were valid.
The detailed version
- LaTouche v. Bodge · No. 7:23-cv-02207
- Philip Halpern
- Mar. 28, 2023
Background
Valery LaTouche, who is incarcerated at Sing Sing Correctional Facility and proceeding without a lawyer, filed this action under 42 U.S.C. § 1983. He alleges violations of rights under the First and Fourteenth Amendments against Lieutenant Brian J. Bodge and Elaine Velez. The court had previously granted LaTouche permission to proceed without prepaying filing fees. The order explains that prisoners must still pay the full filing fee over time, as required by federal law.
Service of the Complaint
Because LaTouche 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 the defendants. The Clerk of Court was instructed to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary documents to the Marshals Service.
The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed within that period, LaTouche should request an extension of time. The court also directed LaTouche to notify it in writing if his address changes and stated that the action could be dismissed if he fails to do so.
Legal Assistance Information
The court referred LaTouche to information about the New York Legal Assistance Group’s clinic for people representing themselves in civil cases in the Southern District of New York. The materials explain that the clinic is a private organization, not part of the court, and that it may provide limited-scope assistance. LaTouche would remain responsible for his case and deadlines unless the clinic separately agrees to provide additional assistance.
Disposition
The court ordered the Clerk to issue summonses for Brian Bodge and Elaine Velez, complete the service forms with the defendants’ addresses, and provide the documents to the U.S. Marshals Service. The Clerk was also ordered to mail LaTouche an information package and a copy of the order with its attachments. Judge Philip M. Halpern’s order addressed service and available assistance; it did not decide the merits of LaTouche’s constitutional claims.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.