The case of the day is Walton v. Bilinski (E.D. Mo. 2015). The plaintiff, Cody Walton, alleged that he was sexually assaulted by another inmate when he was being held in the Macon County, Missouri jail in pretrial detention. He sued Ryszard Bilinski, a former Macon County deputy sheriff, alleging a constitutional violation because Bilinski, he claimed, “failed to properly secure the inmates in their cells on the night of the assault.” At the time of the suit, Bilinski lived in Alberta, Canada. Walton sought to server process by delivering the summons and complaint to Bilinski’s wife at their home, by leaving the summons and complaint taped to Bilinski’s door, and by emailing Bilinski’s lawyers the documents. Bilinski moved to dismiss.
Tagged: Alberta, Canada, Hague Service Convention, service by mail