Xia v. New York City Government

Background

Shengshen Xia proceeded without a lawyer and without paying the filing fee. After the court identified deficiencies in the original complaint, Xia filed an amended complaint on April 7, 2025. Xia asserted claims under 42 U.S.C. § 1983, a federal civil-rights statute, concerning events on September 29, 2024. The court also read the amended complaint as potentially asserting state-law claims.

Because Xia was proceeding without paying the filing fee, the court screened the amended complaint under 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal of claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. The court also noted that it must dismiss claims over which it lacks subject-matter jurisdiction and must read a self-represented litigant’s allegations liberally.

Claims Against Mayor Eric Adams

Xia named New York City Mayor Eric Adams as a defendant but did not allege facts showing Adams’s personal involvement in the events. The court therefore dismissed the claims against Adams in his individual capacity for failure to state a claim. The court also dismissed the claims against Adams in his official capacity because those claims duplicated the claims against the City of New York. The court dismissed Xia’s claims against Adams in their entirety and directed the Clerk of Court to terminate Adams as a defendant on the docket.

Claims Seeking Criminal Prosecution

Xia attempted to bring criminal charges against defendants and non-parties. The court held that a private person cannot initiate or direct a criminal prosecution in federal court because the decision to prosecute belongs to prosecutors. It therefore dismissed, for lack of standing, all claims alleging violations of federal and state criminal laws.

Unnamed Defendants and Next Steps

Xia identified two defendants as Jane Doe defendants who allegedly accompanied New York City police officers to Xia’s address at about 4:00 p.m. on September 29, 2024. The court found that the complaint provided enough information for the New York City Police Department to identify them. Under the rule requiring assistance in identifying an unknown defendant, the New York City Law Department was directed to determine each Jane Doe’s identity, any appropriate badge number, and the address where each could be served. The NYPD must provide that information to Xia and the court within 60 days of the order.

Within 30 days after receiving the information, Xia must file a second amended complaint naming the Jane Doe defendants. That complaint will replace, rather than add to, the existing complaint. The court stated that it will screen the second amended complaint and, if needed, issue an order asking defendants to waive formal service. The court also requested service waivers from Robert Fisher, the NYPD Commissioner, Officers Jonathan A. Pastoriza and Abubaker M. Shaban, and the City of New York.

Disposition

The court dismissed Xia’s claims against Mayor Eric Adams in both his individual and official capacities, dismissed for lack of standing all claims based on alleged violations of federal and state criminal laws, ordered the identification of the two Jane Doe defendants, and requested waivers of service from the listed defendants.