GROHS v. FRATALONE
2:13-cv-07870
D.N.J.Jan 8, 2016Background
- Plaintiff Steven Grohs, confined at the Special Treatment Unit (STU) in New Jersey, brought a pro se § 1983 action and was granted in forma pauperis status.
- After the Court allowed an amended complaint to proceed in part against defendant Rock‑Asencio, the Clerk issued summons and the U.S. Marshal attempted service at Rock‑Asencio’s last known address.
- The Marshal returned service unexecuted because Rock‑Asencio no longer lived at that address and DOC indicated she relocated to Florida and is no longer employed by DOC.
- Grohs, who is confined and lacks access to private investigative means, moved to compel the New Jersey Attorney General’s office (through the U.S. Marshal) to locate Rock‑Asencio’s current address for service.
- The Attorney General’s office initially agreed to provide the last known address but reported it did not have Rock‑Asencio’s current address; the Court was asked to direct the Marshal to undertake further efforts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should order the U.S. Marshal to locate Rock‑Asencio’s current address for service | Grohs says he cannot locate Rock‑Asencio because he is confined and lacks authority/access; requests Marshal/AG locate address | Defendants say DOC does not have Rock‑Asencio’s current address and last known address proved unsuccessful | Court ordered the U.S. Marshal to use reasonable efforts to confidentially ascertain Rock‑Asencio’s current address (contact STU Administrator and DOC HR if necessary) and to effect service or file a certification of efforts if unsuccessful |
Key Cases Cited
- Tagliamonte v. Wang, [citation="496 F. App'x 208"] (3d Cir.) (indigent prisoner may rely on Marshal for service)
- Sellers v. United States, 902 F.2d 598 (7th Cir.) (prisoner need only provide information necessary to identify defendant for Marshal)
- Richardson v. Johnson, 598 F.3d 737 (7th Cir.) (unreasonable to expect incarcerated pro se plaintiffs to provide current addresses of former prison-guard defendants)
- Jones v. Hashagen, [citation="419 F. App'x 141"] (3d Cir.) (when Marshal is ordered to serve, prisoner need furnish only identifying information)