Wist v. Middletown Police Department

Background

Eric Kyle Wist, proceeding without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state actors. Wist alleges that Officer Kelsey Gage, Gregory Hart, and Michael Ribeiro used excessive force during three separate arrests on September 6, 2020, January 6, 2021, and June 27, 2021. He also named the Middletown Police Department as a defendant. The court treated the complaint as amended to include the newly identified defendants.

The opinion states that Chief Judge Laura Taylor Swain had previously allowed Wist to proceed without prepaying the filing fee. It also states that prisoners remain responsible for paying the full filing fee even when granted that permission.

Service of Process

Because Wist was allowed to proceed without prepaying fees, the court held that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk was directed to issue summonses, complete the required service forms with the defendants’ addresses, and deliver the necessary documents to the Marshals Service.

The court explained that service must occur within 90 days after the summons is issued. If service is not completed within that period, Wist should request more time. The court also directed Wist to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. The defendants must serve responses within 120 days of the order and must quote each request word for word in their responses.

Legal Assistance

The court referred Wist to the New York Legal Assistance Group’s legal clinic for people representing themselves in civil cases. The opinion explains that the clinic is a private organization, is not part of the court, and does not become Wist’s attorney of record merely because he consults it. The clinic may provide limited assistance, such as explaining court procedures, reviewing drafts, or helping with written discovery.

Order and Disposition

The court directed the Clerk to mail Wist an information package, issue summonses for the Middletown Police Department, Kelsey Gage, Gregory Hart, and Michael Ribeiro, complete the service forms, and send the required materials to the Marshals Service. The court also ordered that Local Civil Rule 33.2 applies and attached information about the legal clinic. Finally, under 28 U.S.C. § 1915(a)(3), the court denied permission to proceed without prepaying fees for an appeal from this order because it certified that the appeal would not be taken in good faith. The opinion does not decide whether Wist’s excessive-force allegations are legally valid.