Harper v. City of New York, 424 F. App'x 36 (2d Cir. 2011). · Go Syfert
Harper v. City of New York, 424 F. App'x 36 (2d Cir. 2011). Cases Citing This Book View Copy Cite
37 citation events (37 in the last 25 years) across 8 distinct courts.
Strongest positive: Gregory P. Violette and Barbara A. Violette v. Carrington Mortgage Services, LLC, et al. (med, 2026-06-08)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (rule) Gregory P. Violette and Barbara A. Violette v. Carrington Mortgage Services, LLC, et al.
D. Me. · 2026 · confidence medium
Nov. 17, 2010) (holding that service of a summons not signed by the clerk and not bearing the court seal was insufficient to confer personal jurisdiction over defendant), aff’d 424 F. Appx. 36, 39-40 (2d Cir. 2011); Stanley v. Atrium Health, 3:22-cv-006810RJC-DCK, 2023 U.S. Dist.
cited Cited as authority (rule) Sarah Hastings v. Onondaga County, Onondaga County Department of Social Services/Child Protective Services, Emily Martin, Jane and John Doe, Cheryl Jones
N.D.N.Y. · 2026 · confidence medium
No. 8 at 5-6; Werkheiser v. Cnty. of Broome, 655 F. Supp. 3d 88 , 109 (N.D.N.Y. 2023) (quoting Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Keshia Douglas v. Albany Police Department and Albany County District Attorney
N.D.N.Y. · 2026 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom . . . that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection - an affirmative link - between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) John A. Porter III v. Onondaga County Family Court, et al.
N.D.N.Y. · 2025 · confidence medium
To demonstrate Monell liability, “a plaintiff must allege a violation of constitutional rights by employees of the municipality and ‘(1) the existence of a municipal policy or custom . . . that caused his injuries beyond merely employing the misbehaving officer[s]; and (2) a causal connection - an affirmative link - between the policy and the deprivation of his constitutional rights.’” Werkheiser v. Cnty. of Broome, 655 F. Supp. 3d 88 , 109 (N.D.N.Y. 2023) (quoting Harper v. City of N.Y., 424 F. App’x 36, 38 (2d Cir. 2011)) (internal quotations and citations omitted) (emphasis added)…
discussed Cited as authority (rule) Werkheiser v. Village of Waverly
N.D.N.Y. · 2025 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom . . . that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection—an affirmative link—between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Colson v. Mingo
S.D.N.Y. · 2025 · confidence medium
A. Rule 12(b)(6) Standard To survive a Rule 12(b)(6) motion, a complaint must contain “sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Harper v. City of New York, 424 F. App’x 36, 38 (2d Cir. 2011) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.
cited Cited as authority (rule) Wooding v. Hartford
D. Conn. · 2024 · confidence medium
Harper v. City of New York, 424 F. App’x 36, 38 (2d Cir. 2011) (summary order) (citing Vippolis v. Vill. of Haverstraw, 768 F.2d 40 , 44 (2d Cir. 1985)).
discussed Cited as authority (rule) Toth v. New York City Department of Education
E.D.N.Y · 2024 · confidence medium
In order to impose liability, a plaintiff must “show two basic elements: (1) ‘the existence of a municipal policy or custom . . .’ and (2) ‘a causal connection—an affirmative link—between the policy and the deprivation of his constitutional rights.’” Harper v. City of New York, 424 F. App’x 36, 38 (2d Cir. 2011) (summary order) (quoting Vippolis v. Vill. of Haverstraw, 768 F.2d 40 , 44 (2d Cir. 1985)).
discussed Cited as authority (rule) Manning v. McGinty
N.D.N.Y. · 2023 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom ... that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection—an "affirmative link"—between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Werkheiser v. County of Broome
N.D.N.Y. · 2023 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom ... that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection - an affirmative link - between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Granger v. The City of Watertown
N.D.N.Y. · 2023 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom . . . that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection—an affirmative link—between the policy and the deprivation of his constitutional rights.' " Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Vazquez v. City of New York
S.D.N.Y. · 2022 · confidence medium
To establish liability under Monell, a plaintiff must show, in addition to a violation of his constitutional rights, “(1) the existence of a municipal policy or custom .. . that caused his injuries beyond merely employing the misbehaving officer[s]; and (2) a causal connection—an ‘affirmative link’—between the policy and the deprivation of his constitutional rights.” Harper v. City of New York, 424 F. App’x 36, 38 (2d Cir. 2011) (summary order) (citing Vippolis v. Vill. of Haverstraw, 768 F.2d 40 , 44 (2d Cir, 1985)) (internal quotation marks omitted); Wray v. City of New York, 4…
cited Cited as authority (rule) York v. City of Johnstown
N.D.N.Y. · 2022 · confidence medium
Mar. 9, 2016) (quoting Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Dickson v. Schenectady Police Department
N.D.N.Y. · 2022 · confidence medium
To state a claim under Monell, a plaintiff must plausibly allege, in addition to a violation of constitutional rights, “(1) the existence of a municipal policy or custom . . . that caused [the] injuries beyond merely employing the misbehaving officer[s]; and (2) a causal connection—an ‘affirmative link’—between the policy and the deprivation of [the] constitutional rights.” Harper v. City of New York, 424 F. App’x 36, 38 (2d Cir. 2011) (citing Vippolis v. Vill. of Haverstraw, 768 F.2d 40 , 44 (2d Cir. 1985)) (internal quotation marks omitted).
discussed Cited as authority (rule) Butchino v. City of Plattsburgh
N.D.N.Y. · 2022 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom ... that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection - an affirmative link - between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
cited Cited as authority (rule) Paul Morrissey v. Alejandro Mayorkas
D.C. Cir. · 2021 · confidence medium
Harper v. City of New York, 424 F. App’x 36, 40 (2d Cir. 2011) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Poulos v. County of Warren
N.D.N.Y. · 2021 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom . . . that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection—an "affirmative link"—between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Durr v. Slator
N.D.N.Y. · 2021 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom ... that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection—an "affirmative link"—between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Morgan v. City of Utica, New York
N.D.N.Y. · 2021 · confidence medium
As a result, to demonstrate Monell liability, a plaintiff must allege a violation of constitutional rights by employees of the municipality and "(1) 'the existence of a municipal policy or custom . . . that caused his injuries beyond merely employing the misbehaving officer[s]'; and (2) 'a causal connection—an "affirmative link"—between the policy and the deprivation of his constitutional rights.'" Harper v. City of New York, 424 Fed.
discussed Cited as authority (rule) Olaechea v. Brentwood Union School District
E.D.N.Y · 2020 · confidence medium
The Second Circuit has interpreted Rule 4(m) “to give courts both the discretion to grant extensions of the period of service even where no good cause has been shown and, in the absence of good cause, to deny such extensions—that is, a court ‘may grant an extension . . . but is not required to do so.’” Harper v. City of New York, 424 F. App’x 36, 39 (2d Cir. 2011) (summary order) (quoting Zapata v. City of New York, 502 F.3d 192, 197 (2d Cir. 2007) (“[t]he district court’s determinations on whether good cause is present (and, if so, how long an extension would be appropriate) a…
discussed Cited as authority (rule) Brown v. The People of the State of New York
E.D.N.Y · 2020 · confidence medium
The Second Circuit has interpreted Rule 4(m) “to give courts both the discretion to grant extensions of the period of service even where no good cause has been shown and, in the absence of good cause, to deny such extensions—that is, a court ‘may grant an extension . . . but is not required to do so.’” Harper v. City of New York, 424 F. App’x 36, 39 (2d Cir. 2011) (summary order) (quoting Zapata v. City of New York, 502 F.3d 192, 197 (2d Cir. 2007) (“[t]he district court’s determinations on whether good cause is present (and, if so, how long an extension would be appropriate) a…
cited Cited as authority (rule) Klein v. Beltempo
S.D.N.Y. · 2020 · confidence medium
See Rule 4(m); Harper v. City of New York, 424 F. App'x 36, 39 (2d Cir. 2011).
discussed Cited as authority (rule) Millet v. Selip & Stylianou LLP
W.D.N.Y. · 2020 · confidence medium
In this regard, the Second Circuit has interpreted Rule 4(m) “to give courts both the discretion to grant extensions of the period of service even where no good cause has been shown and, in the absence of good cause, to deny such extensions—that is, a court ‘may grant an extension . . . but is not required to do so.’” Harper v. City of New York, 424 F. App’x 36, 39 (2d Cir. 2011) (summary order) (alteration in original) (quoting Zapata, 502 F.3d at 197 ).
discussed Cited as authority (rule) Traylor v. Hammond (2×) also: Cited "see"
D. Conn. · 2015 · confidence medium
Harper v. City of New York, 424 Fed.Appx. 36, 38 (2d Cir.2011) (summ. order) (citing Vippolis v. Vill. of Haverstraw, 768 F.2d 40 , 44 (2d Cir.1985)) (internal quotation marks omitted).
discussed Cited as authority (rule) Fierro v. New York City Department of Education
S.D.N.Y. · 2014 · confidence medium
In this Circuit, to establish Monell liability, a plaintiff must show, in addition to a violation of his constitutional rights, “(1) the existence of a municipal policy or custom ... that caused his injuries beyond merely employing the misbehaving offieer[s]; and (2) a causal connection — an ‘affirmative link’ — between the policy and the deprivation of his constitutional rights.” Harper v. City of New York, 424 Fed.Appx. 36, 38 (2d Cir.2011) (citing Vippolis v. Vill. of Haverstraw, 768 F.2d 40 , 44 (2d Cir.1985)) (internal quotation marks omitted).
discussed Cited "see" Condon v. Town of Brookfield
D. Conn. · 2024 · signal: see · confidence high
See Harper v. City of New York, 424 F. App’x 36 , 38–39 (2d Cir. 2011) (finding that the plaintiff had failed to state a Monell claim where he did not state sufficient facts to allege the existence of a custom or practice); Doe v. Enfield Bd. of Educ., No. 3:17-CV-1894 (JCH), 2018 WL 2725452 , at *11 (D.
cited Cited "see" Murray v. Jones
E.D. Ky. · 2022 · signal: see · confidence high
See Harper v. City of New York, 424 F. App’x 36, 39 (2d Cir. 2011); Boley v. Kaymark, 123 F. 3d 756, 758-59 (3d Cir. 1997).
cited Cited "see" Rivera v. Board of Education of the City School District of the City of New York
S.D.N.Y. · 2021 · signal: accord · confidence high
Mar. 9, 2021) (quoting Batista v. Rodriguez, 702 F.2d 393, 397 (2d Cir. 1983)); accord Harper v. City of New York, 424 F. App’x 36, 38 (2d Cir. 2011) (summary order).
discussed Cited "see, e.g." 545 Halsey Lane Properties, LLC v. Town of Southampton
E.D.N.Y · 2014 · signal: see also · confidence medium
Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), a municipal entity like the Defendant Town may be held liable under 42 U.S.C. § 1983 where a plaintiff demonstrates that the constitutional violation complained of was caused by a municipal “policy or custom.” Id. at 694 , 98 S.Ct. 2018 ; see also Harper v. City of New York, 424 Fed.Appx. 36, 38 (2d Cir.2011) (finding that in order to impose liability on a government entity under 42 U.S.C. § 1983 , a plaintiff must “show two basic elements: (1) ‘the existence of a municipal policy or custom ... ’ and (2) ‘a causal…
discussed Cited "see, e.g." Oxman v. Downs
E.D.N.Y · 2014 · signal: see also · confidence medium
Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), a municipal entity, like the Defendant Town in this case, may be held liable under 42 U.S.C. § 1983 where a plaintiff demonstrates that the constitutional violation complained of was caused by a municipal “policy or custom.” Id. at 694 , 98 S.Ct. 2018 ; see also Harper v. City of New York, 424 Fed.Appx. 36, 38 (2d Cir.2011) (finding that in order to impose liability on a government entity under 42 U.S.C. § 1983 , a plaintiff must “show two basic elements: (1) ‘the existence of a municipal policy or custom ... ’ and …
discussed Cited "see, e.g." Reyes v. County of Suffolk
E.D.N.Y · 2014 · signal: see also · confidence medium
Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), a municipal entity, like the Defendant in this case, may be held liable under 42 U.S.C. § 1983 where a plaintiff demonstrates that the constitutional violation complained of was caused by a municipal “policy or custom.” Id. at 694 , 98 S.Ct. 2018 ; see also Harper v. City of New York, 424 Fed.Appx. 36, 38 (2d Cir.2011) (finding that in order to impose liability on a government entity under 42 U.S.C. § 1983 , a plaintiff must “show two basic elements: (1) ‘the existence of a municipal policy or custom ... ’ and (2) �…
discussed Cited "see, e.g." Friel v. County of Nassau
E.D.N.Y · 2013 · signal: see also · confidence medium
Under the Supreme Court’s holding in Monell , a municipal entity may be held liable under Section 1983 where a plaintiff demonstrates that the constitutional violation complained of was caused by a municipal “policy or custom.” Id. at 694 , 98 S.Ct. 2018 ; see also Harper v. City of New York, 424 Fed.Appx. 36, 38 (2d Cir.2011) (finding that in order to impose liability on a government entity under Section 1983, a plaintiff must “show two basic elements: (1) ‘the existence of a municipal policy or custom ... ’ and (2) ‘a causal connection— an affirmative link—between the polic…
Retrieving the full opinion text from the archive…
Alister HARPER, Plaintiff-Appellant,
v.
CITY OF NEW YORK, Police Officer Hellieser, 79th Precinct, New York Police Department, Police Officer Obie, 103rd Precinct, New York Police Department, Police Officer John C. Tavaras, 103rd Precinct, New York Police Department, Police Officer David Levy, 107th Precinct, New York Police Department, Police Officer Rosa Gomez, 103rd Precinct, New York Police Department, Police Officer C. Hamlin, New York Police Department, Defendants-Appellees
11-30-cv.
Court of Appeals for the Second Circuit.
Jun 7, 2011.
424 F. App'x 36
Andrew James Schatkin, Law Offices of Andrew J. Schatkin, Jericho, NY, for Appellant., Michael A. Cardozo, Corporation Counsel of the City of New York, Francis F. Caputo, Elizabeth I. Freedman, of counsel, New York, NY, for Appellee.
McLaughlin, Pooler, Sack.
Cited by 32 opinions  |  Unpublished

SUMMARY ORDER

Plaintiff-Appellant Alister Harper (“Harper”) appeals from an Order issued by Judge Gleeson of the United States District Court for the Eastern District of New York on November 17, 2010, dismissing Harper’s claims against the City of New York pursuant to Federal Rule of Civil Procedure 12(b)(6), and against the six individually named Police Officers pursuant to Federal Rule of Civil Procedure 4(m). Harper now appeals. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

On appeal, Harper raises principally three issues: (1) that the district court erred in dismissing his claims against the City pursuant to 42 U.S.C. § 1983 because he sufficiently alleged that a custom or policy resulted in the deprivation of his constitutional rights; (2) that the district court erred in dismissing Harper’s claims regarding the incident that allegedly took place on June 3, 2007, as time-barred by[*38] the three-year limitations period applicable to actions brought pursuant to 42 U.S.C. § 1983; and (3) that the district court erred in dismissing Harper’s claims against the individually named police officers pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Harper also objects to the district court’s criticism of Harper’s counsel’s misconduct as “improper under the law.” We address each of these arguments in turn.

We review a district court’s grant of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) de novo, “accepting all factual allegations in the complaint as true and drawing all inferences in the plaintiffs favor.” Legnani v. Alitalia Li-nee Aeree Italiane, S.P.A., 274 F.3d 683, 685 (2d Cir.2001). We affirm such a grant “only if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Harris v. City of New York, 186 F.3d 243, 250 (2d Cir.1999) (internal quotation marks omitted). Where, as here, “the complaint involves a civil rights violation ... the standard is to be applied with particular strictness.” Doe v. City of New York, 15 F.3d 264, 266 (2d Cir.1994) (internal quotation marks omitted).

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, — U.S. -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). While a complaint need not contain “detailed factual allegations, a plaintiffs obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (internal quotation marks, citations, and alterations omitted).

The district court correctly dismissed Harper’s claims against the City pursuant to Rule 12(b)(6). In order to assert a claim against the City under Section 1983, a plaintiff must demonstrate that “a government [ ], under color of some official policy, ‘causes’ an employee to violate another’s constitutional rights.” Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 692, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Harper must thus show two basic elements: (1) “the existence of a municipal policy or custom ... that caused his injuries beyond merely employing the misbehaving officers]” and (2) “a causal connection — an ‘affirmative link’ — between the policy and the deprivation of his constitutional rights.” Vippolis v. Vill. of Haverstraw, 768 F.2d 40, 44 (2d Cir.1985).

Assuming that Harper has made a color-able claim of a constitutional deprivation by alleging six different instances of “false arrest” and “harassing incidents,” to state a claim against the City he must additionally allege facts that would support a finding that the violation of his rights was the result of a policy or a custom undertaken by the City. Harper’s complaint only states that “with the condination [sic] and cooperation of the City of New York and the New York City Police Department, and through the New York City Police Department’s pattern of illegal and false arrest, without probable cause, through a continuing series of harassing incidents, false arrests, and false charges lodged against him, without probable cause, [Harper] had his Civil Rights grossly violated.” Harper argues that this statement, in conjunction with the specific events he alleges, sufficiently states a claim against the City, and that it is “picayune on the part of the trial court to insist on the specific words custom[*39] or policy when the sum of that concept is clearly stated in this claim against the City of New York.” It is not, however, the absence of the words “custom” or “policy” that make Harper’s claim fail, but rather that the facts alleged do not amount to a claim against the City under Section 1983. Asserting that there exists a pattern of issuing summonses against Harper is insufficient to allege the existence of a custom or policy undertaken by the City; Harper does not even provide an indication of what the City’s custom or policy to which he was subjected consists of. Indeed, just like the presence of the words “custom” or “policy” is not necessary to make out a successful claim against a municipality under Section 1983, the mere presence of the words “pattern” or “cooperation” is insufficient to cure facts that fail to establish a policy undertaken by the City in violation of a plaintiffs constitutional rights. Accordingly, we affirm the court’s dismissal of Harper’s claim pursuant to Rule 12(b)(6).

While the district court does not materially rely on its conclusion that the claims in Harper’s complaint relating to the incident on June 3, 2007, were time-barred given that the amended complaint filed either incompletely on June 9, 2010, or completely on June 12, 2010, was past the three year statute of limitations deadline, it was nevertheless correct in so holding. We review a district court’s general application of a statute of limitations de novo. See Somoza v. New York Dep’t of Educ., 538 F.3d 106, 112 (2d Cir.2008). “The statute of limitations for claims brought under Section 1983 is governed by state law, and in this case is the three-year period for personal injury actions under New York State law.” Shomo v. City of New York, 579 F.3d 176, 181 (2d Cir.2009). The statute of limitations for a Section 1983 claim begins to run “when the plaintiff knows or has reason to know of the harm.” Eagleston v. Guido, 41 F.3d 865, 871 (2d Cir.1994) (internal quotation marks omitted). Harper raises no arguments on appeal that the district court has not already thoroughly addressed below. Accordingly, we affirm the district court’s determination that all claims relating to the June 3, 2007 incident are time-barred.

We review a district court’s Rule 4(m) dismissal for failure to serve process under an abuse of discretion standard. See Thompson v. Maldonado, 309 F.3d 107, 110 (2d Cir.2002). Under Rule 4(m) of the Federal Rules of Civil Procedure:

If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.

We have interpreted the Rule to give courts both the discretion to grant extensions of the period of service even where no good cause has been shown and, in the absence of good cause, to deny such extensions — that is, a court “may grant an extension ... but it is not required to do so.” Zapata v. City of New York, 502 F.3d 192, 197 (2d Cir.2007). Moreover, “[wjhere ... good cause is lacking, but the dismissal without prejudice in combination with the statute of limitations would result in a dismissal with prejudice, we will not find an abuse of discretion in the procedure used by the district court, so long as there are sufficient indications on the record that the district court weighed the impact that a dismissal or extension would have on the parties.” Id.

Rule 4 sets forth the requirements for service of process in a civil suit. Kurzberg [*40] v. Ashcroft, 619 F.3d 176, 183 (2d Cir. 2010). In addition to the 120-day deadline, the Rule sets forth what a summons should contain, including that it indicate the name of the court and of the parties, that it be signed by the Clerk, and that it bear the court’s seal. See Fed.R.Civ.P. 4(a)(1). The district court below addressed the service of process on each individual defendant.

The district court found that four of the six individually named defendants never received a summons or a copy of the amended complaint, a conclusion that Harper does not challenge on appeal. Even if he had, it would not be meritorious, as the affidavits of service reveal that service of process was never completed for those four defendants. Instead, Harper argues on appeal, as he did below, that he properly served two of the individual defendants — Officers Levy and Hellieser — and that in a multi-defendant case, service of even one summons on a defendant will suffice. The affidavit of service shows that Officers Levy and Hellieser were in fact served, in satisfaction of the requirements under Rule 4(e) of the Federal Rules of Civil Procedure, by following New York state law for serving a summons. However, the summons served on both Levy and Hellieser did not satisfy the requirements of Fed.R.Civ.P. 4(a), which stipulates that a summons must be signed by the Clerk of Court, id. at 4(a)(1)(F), and that it bear the court’s seal, id. at 4(a)(1)(G). Under Rule 4(b): “[i]f the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant. A summons — or a copy of a summons that is addressed to multiple defendants — must be issued for each defendant to be served.” Fed.R.Civ.P. 4(b). At oral argument before the district court, counsel for Harper acknowledged that the Clerk of Court never issued summonses for the individual defendants in this case. Harper v. City of New York, No. 09-CV-5571, 2010 WL 4788016, at *8 n. 12 (E.D.N.Y. Nov. 17, 2010). On appeal, Harper does not argue otherwise, and such a claim would be fruitless, as the docket sheet further reveals that the Clerk of Court never issued a summons for Levy or Hellieser, or for any of the other individual defendants. Rather, Harper argues that “the requirement that each summons be signed by the Clerk of the Court and a Seal provided, is not required under the law.” He cites to no law in support of this proposition, and this Court is aware of none.

The district court focused in particular on the dismissal of the claim against Officer Hellieser, as dismissal of that claim “would have more serious consequences than the dismissal of Harper’s other claims” because dismissal without prejudice under Rule 4(m) would result in dismissal with prejudice, as the statute of limitations for that claim had expired. Id. at *9. In deciding whether to dismiss the claim against Hellieser, the court properly stated that, while it need not grant an extension, it “must carefully consider the impact” that the dismissal would have on the parties. Id. The court explained that it was “acutely aware that behind counsel stands a plaintiff who has alleged a violation of his constitutional rights, and who will be unable to pursue his claim against Hellieser if it is now dismissed due to counsel’s neglect. Nonetheless, in light of counsel’s continuous disregard of the procedures that govern this action, I see no justification for extending the time to serve Hellieser.” Id. at *10. The court continued, enumerating counsel’s various failures and errors, which it noted exhibited “a troubling pattern of carelessness,” resulting principally in harm to his client’s case. Id. Those errors included Harper’s counsel’s failure to allege in his initial com[*41] plaint the claims that were the basis of his amended complaint; missing the deadline imposed by the court in submitting the amended complaint; failing to obtain summonses for the added individual defendants; alleging in the amended complaint events that are bizarrely similar to events contained in the initial complaint, albeit with different dates and involving different actors. Id. Moreover, the court stated that, when faced with these deficiencies, counsel responded “by trying to substitute his own outrage at the alleged misconduct of the officers for compliance with the basic procedural rules governing his client’s case.” Id.

Zapata “leave[s] to the district courts to decide on the facts of each case how to weigh the prejudice to the defendant that arises from the necessity of defending an action after both the original service period and the statute of limitations have passed before service.” 502 F.3d at 198. The reviewing court in Zapata held that “[e]ven assuming the prejudice” to defendants “was slight,” plaintiff “made no effort to effect service within the service period, neglected to ask for an extension within a reasonable period of time, and has advanced no cognizable excuse for the delay,” thus finding that the district court did not abuse its discretion in deciding to not grant an extension. Id. at 199. Similar to Zapata, the facts here do not warrant a finding that the court abused its discretion in dismissing Harper’s claim, and we affirm the district court’s decision to dismiss the claims against the individual defendants pursuant to Rule 4(m). We further note that the claims alleged against all officers except for Officers Gomez and Hellieser are not time-barred by the applicable statute of limitations.

On appeal Harper advances one final argument — that the district court’s decision was “improper under the law” because it discussed “plaintiff’s attorney’s personal qualities or deficiencies to some extent.” Harper misunderstands the import of Judge Gleeson’s decision. Rather than amount to personal attacks, the Order’s reference to plaintiff’s counsel’s various deficiencies was, unfortunately, an accurate and impartial recitation of the facts. Counsel repeatedly failed to comply with the basic procedural requirements necessary to properly commence his client’s case, resulting in its dismissal. On appeal he has fared no better, presenting misguided arguments to excuse his shortcomings and in the course of doing so, has exhibited some serious misunderstandings of the law.

Accordingly, we refer Harper’s counsel, Attorney Andrew J. Schatkin, to this Court’s Grievance Panel. See, e.g., Edmee v. Coxsackie Corr. Facility, No. 09-Civ-3940, 2009 WL 3318790 (E.D.N.Y. Oct. 14, 2009), Fahmy v. Duane Reade, Inc., No. 05-Civ-9479, 2006 WL 2322672, at *5 n. 7 (S.D.N.Y. Aug. 8, 2006).

We have considered all of Harper’s arguments on appeal, and found them to be without merit. Accordingly, the judgment of the district court hereby is AFFIRMED and it is ORDERED that Attorney Andrew J. Schatkin is referred to this Court’s Grievance Panel.