Morabito v. Westchester County

Background

Jeffrey Morabito, who is in custody of the Westchester Department of Corrections and is representing himself, brought an action under 42 U.S.C. § 1983 and Title II of the Americans with Disabilities Act. He alleges that the defendants violated his rights by providing inadequate medical treatment for his opioid withdrawal symptoms. The defendants named in the caption are Westchester County; New York; Correct Care Solutions Med Services P.C.; Sergeant Price; and Well Path.

The court had previously allowed Morabito to proceed without paying court fees in advance. Because people granted that permission may rely on the court and the U.S. Marshals Service to serve defendants, the court addressed unsuccessful efforts to serve Correct Care Solutions, WellPath Medical Services, and Sergeant Price.

Court’s action

The court directed the Clerk of Court to complete a U.S. Marshals Service process form for each of those three defendants, issue a summons for each, and give the Marshals Service the documents needed to serve the complaint. The court extended the time for service until 90 days after the summonses are issued. It also directed the Clerk to mail Morabito an information package.

The court told Morabito to request an extension if service is not completed within that 90-day period. It also stated that he must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

Disposition

The court ordered the service steps described above. This order did not decide the merits of Morabito’s civil-rights or disability claims. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.