Thomas v. City of New York

Background

Shawn Randall Thomas filed this action under 42 U.S.C. § 1983, a federal civil-rights law, and state law. He asserted claims for false arrest and imprisonment, malicious prosecution, allegedly unlawful conditions of confinement while in police custody, involuntary hospitalization for psychiatric evaluation, and intentional infliction of emotional distress. The opinion states that Thomas is representing himself and is proceeding without paying filing fees.

Judge Valerie Caproni had referred the case to Magistrate Judge Henry J. Ricardo for general pretrial supervision and for a report and recommendations on any dispositive motion. A process receipt and return of service for Defendant Dyshawn M. Pitt was returned unexecuted on November 6, 2024, because Pitt reportedly no longer worked for the New York City Police Department.

Court’s Action

Relying on the rule that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant, Magistrate Judge Ricardo ordered the New York City Law Department to attempt to ascertain Pitt’s home address. The Law Department, identified in the opinion as the attorney for and agent of the New York City Police Department, must provide the address to Thomas and the court within 60 days of the order.

The court stated that it would then order the true name of that defendant to be added to the complaint and issue an order for service. The Clerk of Court was directed to mail the order and complaint to the New York City Law Department and to mail the order to Thomas. The opinion did not decide the merits of Thomas’s claims.