Etuk v. Bronxworks

Background

Akaniyene William Etuk, who is proceeding without a lawyer, brought an action seeking damages, injunctive relief, and declaratory relief. The opinion construes his amended complaint as asserting claims under 42 U.S.C. § 1983 and state law. The named defendants are the City of New York, Bronxworks, the New York City Department of Homeless Services (DHS), Montefiore Medical Center, and the New York City Police Department (NYPD).

The court had previously granted Etuk permission to proceed without prepaying filing fees. As a result, the court was required to screen the amended complaint and dismiss any claim that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also explained that although it must read filings by people without lawyers liberally, those filings still must provide enough facts to make a claim plausible.

Rulings on DHS and NYPD

The court dismissed Etuk’s claims against DHS and NYPD for failure to state a claim. It held that both are agencies of the City of New York and are not separate entities that can be sued. The opinion does not dismiss the entire action or state that the court reached the merits of the underlying events alleged by Etuk.

Unidentified Defendants

Etuk’s amended complaint refers to unidentified officers and employees of DHS, NYPD, Bronxworks, and Montefiore. Under Federal Rule of Civil Procedure 21, the court directed the Clerk of Court to add “John Does 1-10” as placeholder defendants. The order states that this amendment is without prejudice to defenses those individuals may later assert.

The court directed the Corporation Counsel of the City of New York, along with counsel for Bronxworks and Montefiore, to determine the identities and, when appropriate, shield numbers and service addresses of the involved individuals. That information must be provided to Etuk and the court within 60 days of the order. Within 30 days after receiving it, Etuk must file a second amended complaint naming the individuals and giving their service addresses. The second amended complaint will replace, rather than supplement, the earlier complaints, and the court will screen it before deciding whether to direct service.

Service and Further Proceedings

Because Etuk is proceeding without prepaying filing fees, the court directed the Clerk of Court to issue summonses and prepare service forms for the City of New York, Bronxworks, and Montefiore, and to provide the necessary papers to the United States Marshals Service for service. The order states that service must occur within 90 days after the summonses issue, unless Etuk requests an extension.

The order also requires Etuk to notify the court in writing if his address changes. Finally, the court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge John P. Cronan signed the order.