Etuk v. New York Police Department
- Katherine Failla
- 1:24-cv-04957
- U.S. District Court · Southern District of New York
- 12
Etuk v. City of New York: Judge Failla ordered service and identification of unnamed officers without deciding the claims’ merits.
Akaniyene William Etuk, the City of New York, BronxWorks, Miss Genesis, DHS Officer Harvey #825, Jacobi Medical Center, the unidentified NYPD officers, the New York City Law Department, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Akaniyene William Etuk v. The City of New York and others, Etuk, representing himself, brought federal and state-law claims seeking damages, court orders, and declarations based on events on July 6, 2023. The opinion says the claims include claims under a federal civil-rights law, but it does not describe their specific factual or legal theories.
Because Etuk had permission to proceed without paying filing fees in advance, the court ordered service of the amended complaint on the City of New York, BronxWorks, Miss Genesis, and DHS Officer Harvey #825. The court did not direct service on Jacobi Medical Center or the unidentified NYPD officers at this stage. It ordered the New York City Law Department to identify the NYPD officers involved in Etuk’s arrest, including their shield numbers and service addresses.
The Law Department must provide that information within 60 days, and Etuk must file a second amended complaint naming the officers within 30 days after receiving it. Judge Katherine Polk Failla also ordered the Clerk of Court and the U.S. Marshals Service to handle service for the four specified defendants. This order concerns service and identifying defendants; it does not decide whether Etuk’s claims succeed.
The detailed version
- Etuk v. New York Police Department · No. 1:24-cv-04957
- Katherine Failla
- Aug. 28, 2024
Background
Akaniyene William Etuk, who is representing himself, filed an action invoking the court’s federal-question jurisdiction. He seeks damages, injunctive relief, and declaratory relief based on events occurring on July 6, 2023. The court construed his amended complaint as asserting claims under 42 U.S.C. § 1983, a federal civil-rights statute, and under state law.
The defendants named in the amended complaint are the City of New York; Jacobi Medical Center; BronxWorks; DHS Officer Harvey #825; BronxWorks Assistant Director Miss Genesis; and NYPD John Doe Officers 1–10. The court previously granted Etuk permission to proceed without prepaying filing fees.
Service of the Amended Complaint
Because Etuk was allowed to proceed without prepaying fees, the court explained that he could rely on assistance from the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to issue summonses and prepare service forms for the City of New York, BronxWorks, Miss Genesis, and DHS Officer Harvey #825. The Clerk must provide the necessary documents to the U.S. Marshals Service so those defendants can be served with the summonses and amended complaint.
The amended complaint must be served on those defendants within 90 days after the summonses issue. The court stated that Etuk should request additional time if service is not completed within that period. Etuk must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Unidentified NYPD Defendants
The court found that Etuk had provided enough information for the NYPD to identify the John Doe officers who arrested him on July 6, 2023. Relying on a rule requiring assistance to a self-represented litigant seeking the identity and service address of an unidentified defendant, the court ordered the New York City Law Department to determine the officers’ identities, shield numbers, and service addresses.
The Law Department must provide that information to the court and Etuk within 60 days of the order. Within 30 days after receiving the information, Etuk must file a second amended complaint naming the newly identified officers and providing their service addresses. That pleading will replace, rather than supplement, the original and first amended complaints. The court will screen the second amended complaint and, if necessary, issue another service order.
Disposition
Judge Katherine Polk Failla directed the Clerk of Court to issue summonses and arrange service for the City of New York, BronxWorks, Miss Genesis, and DHS Officer Harvey #825. The judge also directed the New York City Law Department to identify the NYPD officers involved in the July 6, 2023 arrest and provide their identifying and service information. The opinion does not rule on the merits of Etuk’s claims or state a disposition concerning Jacobi Medical Center or the unidentified officers beyond the steps described above.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.