Laforest v. Doe

Background

Jean Pierre Laforest is proceeding without a lawyer and brought this action under 42 U.S.C. § 1983, a federal law that allows claims for violations of federal rights by state or local officials. The court had previously allowed Laforest to proceed without paying filing fees in advance. The defendants named in the complaint are a security guard identified as John Doe, four John Doe New York Police Department officers, the New York Police Department, the Family Dollar store at the West Farms location, and the City of New York.

Screening of the Complaint

Because Laforest is proceeding without prepaying fees, the court reviewed the complaint under federal screening laws. Those laws require dismissal of claims that are frivolous, malicious, fail to state a legally valid claim, seek money from an immune defendant, or fall outside the court’s jurisdiction. The court also said that pleadings filed without a lawyer must be read liberally.

New York Police Department

The court dismissed Laforest’s claims against the New York Police Department. It concluded that the NYPD, as an agency of New York City, is not an entity that can be sued under the applicable New York law. The court directed the Clerk of Court to notify the NYPD and the New York City Law Department of the order.

City of New York and Unnamed Officers

The court requested that the City of New York waive service of the summons. It also directed the New York City Law Department to determine the identities, badge numbers, and service addresses of the four unnamed police officers involved in Laforest’s arrest outside a Family Dollar Store in the West Farms neighborhood of the Bronx on June 13, 2024. The Law Department must provide that information to Laforest and the court within 60 days of the order.

Within 30 days after receiving the information, Laforest must file an amended complaint naming the officers. The amended complaint will replace the original complaint rather than add to it. The court will screen the amended complaint after it is filed and may then issue another order concerning service.

Family Dollar Store and Security Guard

Laforest did not provide a service address for the Family Dollar Store. The court ordered him to provide that address in writing within 30 days. After receiving it, the Clerk must issue a summons and send the necessary papers to the U.S. Marshals Service for service. The court noted that it could later direct the Family Dollar Store to identify the security guard Laforest seeks to sue and provide an address for service.

Disposition

Judge Edgardo Ramos dismissed Laforest’s claims against the NYPD. The order did not state a disposition dismissing Laforest’s claims against the City of New York, the unnamed officers, the Family Dollar Store, or the security guard. Instead, it established procedures for service and for identifying the unnamed defendants.