Pitt v. Librizzi
- Philip Halpern
- 7:23-cv-02842
- U.S. District Court · Southern District of New York
- 5
In Pitt v. Librizzi, Judge Halpern ordered service, applied a prisoner-discovery rule, and referred Pitt to a legal clinic.
Malcom J. Pitt, the named defendants, and the Clerk of Court and U.S. Marshals Service. The defendants must respond to the specified discovery requests within the period stated after service.
What happened
In Pitt v. Librizzi, Malcom J. Pitt, who is incarcerated and representing himself, alleges that correction officers failed to protect him from an assault at the Rockland County Jail. He also alleges that Rockland County and Sheriff Louis Falco failed to train correction officers to address assaults between detainees.
The court had already allowed Pitt to proceed without paying court fees in advance. It directed the Clerk of Court to issue summonses and paperwork so the U.S. Marshals Service could serve Rockland County, Sheriff Falco, Salvatore Librizzi, and L. Williams. The court also applied a local rule requiring defendants in certain prisoner cases to answer specified discovery requests within 120 days after being served.
Judge Halpern did not decide whether Pitt’s allegations were true or whether the defendants were legally responsible. The order directs service, applies Local Civil Rule 33.2, and directs the Clerk to mail Pitt information about a legal clinic that may provide limited assistance.
The detailed version
- Pitt v. Librizzi · No. 7:23-cv-02842
- Philip Halpern
- Apr. 12, 2023
Background
Malcom J. Pitt, who is incarcerated at Elmira Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleges that, while detained at the Rockland County Jail, Correction Officers Salvatore Librizzi and L. Williams failed to protect him from an assault by another detainee. Pitt also names the County of Rockland and Sheriff Louis Falco, alleging that they failed to train correction officers to address assaults between detainees.
The court states that it had already granted Pitt permission to proceed without prepaying filing fees. The order does not decide the truth of Pitt’s allegations or the defendants’ legal responsibility.
Service of Process
Because Pitt was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare U.S. Marshals Service Process Receipt and Return forms, issue summonses, and deliver the necessary documents to the U.S. Marshals Service. The Marshals Service is therefore to serve County of Rockland, Sheriff Louis Falco, Officer Salvatore Librizzi, and Officer L. Williams.
The court stated that if service is not completed within 90 days after the summonses are issued, Pitt should request more time. Pitt must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Discovery
The court applied Local Civil Rule 33.2. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in their responses.
Legal Assistance
The court referred Pitt to information about the New York Legal Assistance Group’s clinic for people involved in civil cases who do not have lawyers. The order explains that the clinic is a private organization, not part of the court, and cannot file documents with the court on a litigant’s behalf. Pitt may seek limited-scope assistance by mailing the clinic a signed retainer and intake form.
Disposition
The court directed the Clerk to issue summonses, complete the service forms, and send the documents needed for service to the U.S. Marshals Service. The court applied Local Civil Rule 33.2 and directed the Clerk to mail Pitt an information package. This was an order concerning service, discovery, and access to assistance; it did not resolve the merits of Pitt’s claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.