Kurzberg v. Ashcroft, 07-0542

In an action by five Israeli nationals who were illegally present in the United States on September 11, 2001, concerning certain alleged particulars of their arrest on that day and their confinement thereafter at the Metropolitan Detention Center in Brooklyn, dismissal of the action for failure to serve process is affirmed where: 1) plaintiffs failed to comply with Fed. R. Civ. P. 4(i) because they did not effect service on the U.S.; and 2) plaintiffs were afforded a reasonable time to cure their failure to serve, as is required by Rule 4(i).

Appellate Information

Decided 08/30/2010

Published 08/30/2010

Judges

Robert D. Sack

Court

United States Second Circuit

Counsel