Thomas v. City of New York
- Valerie Caproni
- 1:24-cv-02534
- U.S. District Court · Southern District of New York
- 6
In Thomas v. City of New York, Judge Caproni ordered the U.S. Marshals Service to serve the defendants in Thomas’s civil-rights case.
Shawn Randall Thomas and the City of New York, Eric Leroy Adams, Keechant Sewell, Sergeant Dyshawn M. Pitt, Police Officer Michael J. Baroz, Police Officer Tenzin Rigsang, Police Officer Kevin Barcenas, Police Officer Nicholas V. Azzolino, Police Officer Andy Herrera, and Sergeant Michael P. Dunigan.
What happened
Shawn Randall Thomas, representing himself, sued the City of New York and several named officials and police officers under a federal civil-rights law. The court had previously allowed him to proceed without paying filing fees upfront.
Because Thomas was allowed to proceed without prepaying fees, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The order listed the City, Eric Leroy Adams, Keechant Sewell, and several police personnel for service.
Judge Valerie Caproni directed the Clerk of Court to issue summonses, complete service forms, and send the necessary papers to the Marshals Service. The order did not decide whether Thomas’s claims were legally or factually valid.
The detailed version
- Thomas v. City of New York · No. 1:24-cv-02534
- Valerie Caproni
- Sept. 10, 2024
Background
Shawn Randall Thomas, appearing without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law allowing claims that certain defendants violated constitutional rights while acting under state law. The opinion does not describe the specific alleged violations. On May 20, 2024, the court granted Thomas permission to proceed without prepaying filing fees.
Service of process
The court explained that a person allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. The order identified these defendants for service: the City of New York; Eric Leroy Adams, identified as Mayor of the City of New York; Keechant Sewell, identified as the former Commissioner of the New York City Police Department; Sergeant Dyshawn M. Pitt; Police Officer Michael J. Baroz; Police Officer Tenzin Rigsang; Police Officer Kevin Barcenas; Police Officer Nicholas V. Azzolino; Police Officer Andy Herrera; and Sergeant Michael P. Dunigan.
The court directed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service process form for each defendant, and deliver the necessary paperwork to the Marshals Service. The court extended the service period so that Thomas would have 90 days after the summonses were issued to complete service. If service was not completed within that period, the order stated that Thomas should request more time. The order also required Thomas to notify the court in writing if his address changed and stated that the court may dismiss the action if he failed to do so.
Ruling
Judge Valerie Caproni ordered the Clerk of Court to issue the summonses and provide the documents to the Marshals Service for service. The court also directed that a copy of the order and an information package be mailed to Thomas and provided him with the option to consent to receiving court documents electronically. This was an administrative service order; the opinion did not decide the merits of Thomas’s civil-rights claims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.