Diomande v. The City of New York

Background

Kassia Diomande, appearing without a lawyer, brought an action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local officials. She alleges that the defendants violated her federal constitutional rights. The court had previously granted her permission to proceed without prepaying filing fees.

The amended complaint identified the New York City Police Department officers involved in Diomande’s arrest and detention in May 2021 only as John and Jane Doe defendants. The opinion states that the amended complaint provided enough information for the New York City Police Department to identify the officers, although it was unclear whether the six Doe defendants listed were the actual number of officers involved.

Service on the City

Because Diomande was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service process form, issue a summons for the City of New York, and deliver the necessary papers to the U.S. Marshals Service for service on the City. The court explained that service generally must occur within 90 days after a summons is issued in this circumstance. If the amended complaint is not served within that period, Diomande should request additional time.

The court also required Diomande to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Identification of the Doe Defendants

The court issued an order requiring assistance in identifying unknown defendants. It directed the New York City Law Department, identified in the opinion as the attorney and agent for the New York City Police Department, to determine the identity, badge number, and service address of each John and Jane Doe officer whom Diomande seeks to sue. The Law Department must provide that information to Diomande and the court within 60 days of the order.

Within 30 days after receiving the information, Diomande must file a second amended complaint naming the newly identified officers. The second amended complaint will replace, rather than supplement, the earlier complaints. The court stated that it will screen the second amended complaint and, if necessary, direct the Clerk to prepare service forms and provide the documents to the U.S. Marshals Service.

Disposition

Judge Dale E. Ho ordered service of the amended complaint on the City of New York and ordered the New York City Law Department to identify the unnamed officers. The order also directed the Clerk to mail the order and complaint to the Law Department and to send Diomande a second amended complaint form and an information package. The opinion did not resolve the merits of Diomande’s constitutional claims.