McFadden v. Keyser
- Nelson Roman
- 7:23-cv-00802
- U.S. District Court · Southern District of New York
- 5
In McFadden v. Keyser, Judge Roman ordered summonses and U.S. Marshals service for nine defendants after allowing McFadden to proceed without prepaying fees.
Robert McFadden and the nine defendants identified for service: William Keyser, Gary Sipple, Kenneth Letus, Anthony Rizzuto, Kathleen Buttles, William Elberth, Edmund Puerschner, Mark Puerschner, and George Gilmour, Sr.
What happened
In McFadden v. Keyser, Robert McFadden, who is incarcerated and representing himself, brought claims under a federal civil-rights law and the Religious Land Use and Institutionalized Persons Act. He alleged that events occurred at Sullivan Correctional Facility between 2019 and 2022. The court had already allowed him to proceed without prepaying court fees.
The court ordered the Clerk of Court to issue summonses and prepare service paperwork for nine defendants. The U.S. Marshals Service was directed to deliver the necessary papers and serve those defendants. The court also warned McFadden to notify it in writing if his address changes and noted that the case could be dismissed if he does not do so.
Judge Nelson S. Roman entered the October 6, 2023 order. The opinion does not decide whether McFadden’s claims are valid; it addresses the steps needed to serve the named defendants.
The detailed version
- McFadden v. Keyser · No. 7:23-cv-00802
- Nelson Roman
- Oct. 6, 2023
Background
Robert McFadden, who is incarcerated at Mid-State Correctional Facility and is representing himself, brought an action under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act. The alleged events occurred at Sullivan Correctional Facility between 2019 and 2022. The opinion does not decide the merits of those claims.
On February 1, 2023, the court granted McFadden permission to proceed without prepaying court fees. In such cases, the court and the U.S. Marshals Service can handle service of the lawsuit. The New York State Attorney General reported that an earlier attempt to serve defendants at Sullivan Correctional Facility was not accepted because of miscommunication within the facility. The Attorney General stated that the problem had been corrected and that future service would be accepted. The Attorney General also stated that William Keyser, although retired, could be served at the address listed in the order.
Order
The court instructed the Clerk of Court to issue summonses for nine defendants: Superintendent William Keyser; Deputy Superintendent of Security Gary Sipple; Captain Kenneth Letus; Food Services Administrator Anthony Rizzuto; Nurse Kathleen Buttles; Correctional Officers William Elberth, Edmund Puerschner, Mark Puerschner, and George Gilmour, Sr. The Clerk was also instructed to complete U.S. Marshals Service Process Receipt and Return forms with the defendants’ addresses and provide the necessary documents to the Marshals Service so it could serve them.
The order stated that if the complaint is not served within 90 days after the summonses are issued, McFadden should request an extension of time for service. It also directed the Clerk to mail McFadden a copy of the order and record that mailing on the docket. McFadden was required to notify the court in writing of any address change, and the court stated that the action may be dismissed if he fails to do so.
Disposition and Significance
The order directed issuance of summonses and service by the U.S. Marshals Service for the nine listed defendants. It did not rule on liability, dismiss any claim, or determine whether McFadden’s § 1983 or Religious Land Use and Institutionalized Persons Act claims would succeed. Judge Nelson S. Roman signed the order on October 6, 2023.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.