Hussey v. Salgado
- Paul Gardephe
- 1:23-cv-02905
- U.S. District Court · Southern District of New York
- 5
In Hussey v. Salgado, Judge Gardephe ordered steps to serve defendants but did not decide the claims’ merits.
Yessuh Suhyes Hussey, defendants Mario Salgado, Michael Gabriele, and Thomas Ward, the Clerk of Court, the U.S. Marshals Service, and the New York City Law Department.
What happened
Yessuh Suhyes Hussey, who is incarcerated and has no lawyer, sued Mario Salgado, Michael Gabriele, and Thomas Ward under a federal civil-rights law, claiming excessive force, false arrest, and related state-law violations.
The court directed the Clerk of Court and the U.S. Marshals Service to issue summonses and serve Gabriele and Ward. It also ordered the New York City Law Department to find Salgado’s address and provide it to the court. The court extended the service period to 90 days after summonses are issued and informed Hussey about a legal clinic.
Judge Paul G. Gardephe did not decide whether Hussey’s claims were valid. The court denied permission to proceed without paying fees for an appeal from this order, stating that such an appeal would not be taken in good faith.
The detailed version
- Hussey v. Salgado · No. 1:23-cv-02905
- Paul Gardephe
- June 16, 2023
Background
Yessuh Suhyes Hussey brought this case without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against certain state actors for violations of federal rights. He asserted excessive-force, false-arrest, and related state-law claims against Mario Salgado, Police Officer Michael Gabriele, and Police Officer Thomas Ward. The opinion states that Hussey is incarcerated at the Eric M. Taylor Center and had previously been allowed to proceed without prepaying filing fees.
Service on Gabriele and Ward
Because Hussey was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses for Gabriele and Ward, complete the required U.S. Marshals Service forms with their addresses, and provide the necessary papers to the Marshals Service for service. If the complaint is not served within 90 days after the summonses are issued, Hussey should request more time. The court also stated that Hussey must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.
Finding Salgado’s Address
The court stated that a person proceeding without a lawyer is entitled to the court’s assistance in identifying a defendant. Because Salgado was identified as a complainant in Hussey’s August 3, 2021 arrest, the court ordered the New York City Law Department to determine Salgado’s address from the police report or other readily available records. The Law Department must provide the address only to the court within 60 days of the order. If necessary, the court may later issue an order directing service on Salgado.
Legal-clinic referral and appeal-fee ruling
The court informed Hussey that he may seek limited assistance from the New York Legal Assistance Group’s clinic for people involved in civil cases without lawyers. The Clerk was directed to mail Hussey information about the clinic, along with its flyer, retainer, and intake form.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed service, identifying a defendant, and related assistance; it did not decide whether Hussey’s excessive-force, false-arrest, or state-law claims succeed.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.