Velez v. Lassiter
- Cathy Seibel
- 7:23-cv-04758
- U.S. District Court · Southern District of New York
- 8
In Velez v. Lassiter, Judge Seibel ordered service in Velez’s self-represented excessive-force case and required standard discovery responses.
Michael Velez, Officer Lassiter, the Clerk of Court, and the U.S. Marshals Service; the order also imposes standard discovery obligations on the defendants.
What happened
In Velez v. Lassiter, Michael Velez, who was incarcerated, brought a self-represented civil-rights case under a federal law allowing claims against state or local officials. He alleges that Officer Lassiter used excessive force against him on April 10, 2023, at the Dutchess County Jail.
Because Velez had permission to proceed without paying court fees in advance, the court directed the Clerk of Court and the U.S. Marshals Service to issue the summons and serve Lassiter. The court also said that defendants must answer standard discovery requests within 120 days after the order, and it explained that Velez could seek an extension if service was not completed within 90 days after the summons was issued.
Judge Cathy Seibel issued an order of service on July 27, 2023. The order did not decide whether Lassiter used excessive force; it arranged service, addressed discovery and address changes, and referred Velez to a legal clinic that may provide limited assistance.
The detailed version
- Velez v. Lassiter · No. 7:23-cv-04758
- Cathy Seibel
- July 27, 2023
Background
Michael Velez, who was incarcerated at the Orange County Jail and was representing himself, brought an action under 42 U.S.C. § 1983. That statute permits certain civil-rights claims against state or local officials acting under state law. Velez alleges that Officer Lassiter used excessive force against him at 9:10 a.m. on April 10, 2023, in “Hallway 2” of the Dutchess County Jail.
The court had granted Velez permission to proceed without prepaying filing fees in an order dated July 26, 2023. The order noted that prisoners must still pay the full filing fee over time, as required by federal law.
Service of Process
Because Velez was permitted to proceed without prepaying fees, the court directed the Clerk of Court to complete a U.S. Marshals Service process form, issue summonses, and provide the necessary papers to the Marshals Service so it could serve Officer Lassiter. The court stated that service should occur within 90 days after the summons was issued. If service was not completed within that period, Velez should request an extension of time. The court also instructed Velez to notify it in writing of any address change and stated that the action could be dismissed if he failed to do so.
Discovery
The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and document requests. The order required the defendants to serve responses within 120 days after the order and to quote each discovery request verbatim in those responses.
Legal Clinic Referral and Disposition
The court informed Velez that he could seek limited-scope assistance from the New York Legal Assistance Group’s clinic for people representing themselves in civil cases. The clinic is a private organization and is not part of the court. Any assistance would not make the clinic Velez’s attorney of record unless the clinic separately agreed to represent him.
Judge Cathy Seibel’s order instructed the Clerk to arrange service on Officer Lassiter and to mail information materials to Velez at the Orange County Jail and to the additional address listed in the order. The order did not rule on the merits of Velez’s excessive-force allegation.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.