Browne v. Anderson

Background

Kendall Browne, who is representing himself, brought this action under 42 U.S.C. § 1983, a federal law that allows claims against state or local actors for violations of federal rights. He alleges that Kenneth T. Anderson, Ganesh R. Bhagwandeen, Daniel J. Graham, and the Town of Wallkill violated his federal constitutional rights and his rights under state law.

The court had previously granted Browne permission to proceed without paying court fees in advance. The opinion does not state whether the defendants had been served before this order.

Service of the Lawsuit

Because Browne was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals Service with the documents needed to serve the Town of Wallkill and the three named officers.

The order explains that the usual 90-day service period is extended in this situation. Browne must have the defendants served within 90 days after the summonses are issued. If service is not completed by then, he should ask the court for an extension of time. The court also directed Browne to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

This is an order arranging service of the complaint. It does not decide whether Browne's constitutional or state-law claims are valid. The court instructed the Clerk to issue the summonses, complete the service forms, and send the necessary materials to the U.S. Marshals Service. The Clerk was also directed to mail Browne an information package.