Jackson v. Ross

Background

Joshua J. Jackson, who is representing himself, brought this action under 42 U.S.C. § 1983, a federal law allowing claims for constitutional violations by persons acting under state law. He alleges that his constitutional rights were violated in connection with a false arrest on July 23, 2022, outside his home at the time in Brooklyn, New York. The court stated that the complaint may also be understood to assert claims under New York State law.

The court had previously granted Jackson permission to proceed without paying filing fees in advance. Because he was proceeding without paying those fees, the court was required to screen the complaint and dismiss any claim that was frivolous, malicious, failed to state a legally sufficient claim, or sought money from a defendant protected from such relief.

Claims Against the NYPD, Inspector Celiba, and the City

The court dismissed Jackson’s claims against the New York City Police Department. It relied on New York City law and stated that a City agency generally cannot be sued separately from the City of New York. The order did not state that Jackson’s underlying false-arrest allegations were proven or disproven.

The court found that Jackson intended to sue Inspector Gaby Celiba and the City of New York. It directed the Clerk of Court to add both as defendants under Federal Rule of Civil Procedure 21. The addition was without prejudice to any defenses Celiba or the City may later assert.

Service of the Identified Defendants

Because Jackson was allowed to proceed without paying filing fees, the court ordered the Clerk of Court to issue summonses and provide the necessary paperwork to the U.S. Marshals Service for service on Haley Ross, Brooklyn Defender Services, and New York City Health + Hospitals. The court extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Jackson should request an extension.

The court also directed the Clerk to notify the New York City Police Department and the New York City Law Department and requested that Inspector Celiba and the City of New York waive service of summons.

Unidentified Officers

Jackson’s complaint identified other police officers involved in the July 23, 2022 arrest but did not name them. The court directed the New York City Law Department to determine the names, badge numbers, and service addresses of those unidentified officers within 60 days of the order.

Within 30 days after receiving that information, Jackson must file an amended complaint naming the newly identified individuals and providing their badge numbers. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue another order concerning service.

Disposition

The court dismissed Jackson’s claims against the New York City Police Department. It directed the Clerk to add Inspector Gaby Celiba and the City of New York as defendants, issue summonses for Haley Ross, Brooklyn Defender Services, and New York City Health + Hospitals, and take steps to identify the unnamed officers. Judge Jennifer H. Rearden signed the order.