Heyward v. Transit Police Sergeant
- Vargas
- 1:25-cv-02090
- U.S. District Court · Southern District of New York
- 9
In Heyward v. Transit Police Sergeant, Judge Vargas ordered identification of the unnamed defendant and an amended complaint, without deciding the claims.
Michael Heyward, the unnamed Jane Doe Transit Police Desk Sergeant, and the New York City Law Department, which must seek the defendant’s identity and service address.
What happened
In Heyward v. Transit Police Sergeant, Michael Heyward, without a lawyer, sued under a federal civil-rights law, alleging that the defendant violated his rights. The defendant was identified only as a Jane Doe Transit Police Desk Sergeant in Transit District 12.
The court found that the complaint gave enough information for the New York City Police Department to identify the sergeant who allegedly sent Heyward to Bronx Central Booking on February 2, 2025, between 6:30 and 8:00 p.m. The court directed the New York City Law Department to provide the sergeant’s identity and a service address within 60 days.
Judge Jeannette A. Vargas ordered Heyward to file an amended complaint naming the sergeant within 30 days after receiving that information. The court did not decide whether Heyward’s rights were violated; it will screen the amended complaint after it is filed.
The detailed version
- Heyward v. Transit Police Sergeant · No. 1:25-cv-02090
- Vargas
- Mar. 31, 2025
Background
Michael Heyward, who is appearing without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law that allows claims against people who violate federal rights while acting under state law. Heyward alleges that the defendant violated his rights. The defendant is currently identified as Jane Doe, a Transit Police Desk Sergeant in Transit District 12.
The court previously granted Heyward permission to proceed without paying court fees in advance. Heyward’s complaint states that the Jane Doe sergeant sent him to Bronx Central Booking on February 2, 2025, between 6:30 and 8:00 p.m.
Identification of the Defendant
The court explained that a person proceeding without a lawyer is entitled to assistance identifying a defendant when the complaint provides enough information to do so. The court determined that Heyward supplied sufficient information for the New York City Police Department to identify the Jane Doe sergeant.
The court ordered the New York City Law Department, described in the opinion as the attorney for and agent of the New York City Police Department, to determine Jane Doe’s identity and the address where the defendant can be served. The Law Department must provide that information to Heyward and the court within 60 days of the order.
Amended Complaint and Further Proceedings
Within 30 days after receiving the identification information, Heyward must file an amended complaint naming Jane Doe. The amended complaint will replace the original complaint rather than supplement it. After Heyward files it, the court will screen the amended complaint and, if necessary, direct the Clerk of Court to provide the defendant’s address to the U.S. Marshals Service so the documents can be served.
The court also directed the Clerk of Court to mail Heyward an information package and to mail the order and complaint to the New York City Law Department. The order did not decide the merits of Heyward’s Section 1983 allegations or whether his rights were violated.
Disposition
The court entered an order directing assistance in identifying the unnamed defendant and requiring a later amended complaint. It did not dismiss the action or rule on the underlying claims.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.