Morabito v. Westchester County
- Kenneth Karas
- 7:22-cv-06853
- U.S. District Court · Southern District of New York
- 2
In Morabito v. Westchester County, Judge Karas ordered counsel to provide service addresses for newly named defendants in Plaintiff’s pro se case.
Jeffrey Morabito, who represented himself, and counsel for Westchester County and Wellpath LLC; the order also concerned obtaining service addresses for the eight defendants added in the second amended complaint.
What happened
Jeffrey Morabito sued Westchester County, Wellpath LLC, and several individuals, alleging inadequate medical treatment for opioid withdrawal symptoms. He brought claims under a civil-rights law, the Americans with Disabilities Act, and the Rehabilitation Act, representing himself.
Morabito added eight defendants in his second amended complaint. The court found that the complaint provided enough information for counsel representing Westchester County and Wellpath LLC to identify where those defendants could be served.
Judge Kenneth M. Karas ordered that counsel for Westchester County and Wellpath LLC obtain the service addresses and give them to Morabito and the court within 30 days. The order did not decide whether Morabito’s claims were valid.
The detailed version
- Morabito v. Westchester County · No. 7:22-cv-06853
- Kenneth Karas
- Apr. 25, 2024
Background
Jeffrey Morabito brought the action without a lawyer under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, and § 504 of the Rehabilitation Act of 1973. He alleged that the defendants provided inadequate medical treatment for his opioid withdrawal symptoms. The defendants named in the caption were Westchester County; Wellpath LLC; George Latimer; Joseph Spano; Sergeant Price; Raul Ulloa; Michael Kunz; Eric Paolilli; Sara George; Edith Onua; and Zoeth Stone-Edwards.
Morabito added Latimer, Spano, Ulloa, Kunz, Paolilli, George, Onua, and Stone-Edwards in his second amended complaint. Westchester County and Wellpath LLC had appeared through counsel. The court explained that a person representing himself is entitled to help from the district court in identifying a defendant for service.
Order
The court determined that Morabito’s second amended complaint provided enough information for counsel for Westchester County and Wellpath LLC to provide service addresses for the eight added defendants. The court ordered that counsel ascertain where those defendants could be served and provide the address information to Morabito and the court within 30 days of the order.
The clerk was directed to mail Morabito a copy of the order. The order addressed identifying service information and did not decide the merits of Morabito’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.