Williams v. Bonano
- Kenneth Karas
- 7:24-cv-01586
- U.S. District Court · Southern District of New York
- 4
In Williams v. Bonano, Judge Karas ordered service of the complaint and required defendants to respond to standard discovery requests.
Williams and the four named defendants; the order arranges service of the lawsuit and imposes a discovery-response deadline on the defendants.
What happened
In Williams v. Bonano, Willie Williams, who is representing himself and is incarcerated, brought claims for damages and declaratory relief under a federal civil-rights law against four correctional-facility defendants. The opinion does not decide whether those claims are valid.
Because Williams was allowed to proceed without prepaying filing fees, the court directed the Clerk and U.S. Marshals Service to issue summonses and serve the complaint. The court also set a 90-day service period after the summonses are issued and required Williams to notify the court of any address change.
The court further required the defendants to answer specified discovery requests within 120 days after service. Judge Kenneth M. Karas ordered the Clerk to mail Williams an information package and complete the documents needed for service.
The detailed version
- Williams v. Bonano · No. 7:24-cv-01586
- Kenneth Karas
- Apr. 25, 2024
Background
Willie Williams, who is representing himself and is incarcerated at Attica Correctional Facility, asserts claims for damages and declaratory relief under 42 U.S.C. § 1983 based on events he alleges occurred while he was incarcerated at Sing Sing Correctional Facility. He names Sergeant Bonano, Correctional Officer Rousseau (identified in the opinion as also being referred to as “Russien”), Ms. Cheverez, and Correctional Officer Cunningham as defendants. The opinion says Ms. Cheverez appears to be the hearing officer who presided over an administrative disciplinary proceeding involving Williams.
The court had previously allowed Williams to proceed without prepaying filing fees. This order concerns service of the lawsuit and discovery; it does not decide the merits of Williams’s claims.
Court’s Actions
Because Williams was allowed to proceed without prepaying filing fees, the court directed the United States Marshals Service to serve the summonses and complaint. The Clerk of Court was instructed to prepare a service form for each defendant, issue a summons for each defendant, and provide the Marshals Service with the necessary documents and service addresses.
The court stated that if the summonses and complaint are not served within 90 days after the summonses are issued, Williams should request additional time. Williams must also notify the court in writing if his address changes, and the court may dismiss the case if he fails to do so.
Discovery Requirement
The court determined 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 their responses within 120 days after service, and their responses must quote each discovery request word for word.
Disposition
The court directed the Clerk to mail Williams an information package, issue summonses, complete the service forms, and deliver the necessary documents to the United States Marshals Service. It also directed the defendants to comply with Local Civil Rule 33.2 within 120 days after service. Judge Kenneth M. Karas did not rule on the validity of Williams’s underlying claims in this order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.