Duncan v. City of New York

Background

Branden Duncan filed this action without a lawyer on June 10, 2024. He asserted claims under 42 U.S.C. §§ 1983 and 1985, alleging that the City of New York and four officers from the New York Police Department’s 6th Precinct violated his constitutional rights when they arrested him during a traffic stop in March 2023.

Duncan originally identified the officers as Officer Amir, Officer Wildania Hernandez, a John Doe officer described as Caucasian, and a John Doe officer described as Afro-American. On August 15, 2024, the court issued an order concerning service. It directed the City’s counsel to identify the John Doe officers and provide Officer Amir’s full name and badge number.

Identifying the Officers

On October 15, 2024, the City identified Officer Amir as Police Officer Muhammad Amir, Shield No. 10773. It identified one John Doe officer as Sergeant Thomas Lewandowski, Shield No. 3617, and the other as Detective Specialist Mayko Matos, Shield No. 3287. The City also provided addresses where the individuals could be served.

The court explained that Duncan had to file an amended complaint naming Lewandowski and Matos before serving them. The August 15 order had included an amended-complaint form.

Order

In response to Duncan’s November 7, 2024 letter requesting more time, Judge Vernon S. Broderick ordered Duncan to file an amended complaint naming the two formerly unidentified officers by December 10, 2024. After filing it, Duncan must request that the Clerk of Court issue summonses for those defendants.

The judge also extended the deadline to serve the New York Police Department officer defendants—Amir, Hernandez, Lewandowski, and Matos—to March 10, 2025. The order addressed pleading and service deadlines; it did not decide whether Duncan’s claims were legally valid or whether the defendants violated his rights.