Devin Richardson v. City of New York, et al.

Background

Devin Richardson, who was incarcerated at MDC Brooklyn when the order was issued, brought this action without a lawyer. He asserts claims under 42 U.S.C. §§ 1981, 1983, and 1985-86 concerning his arrests in 2022 on trespassing charges involving an apartment operated by the New York City Housing Authority, where he had resided.

The court previously granted Richardson permission to proceed without prepaying filing fees. The order does not decide the merits of his claims or state whether any defendant is liable.

Service Instructions

The court directed the Clerk of Court to electronically notify the New York City Police Department and the New York City Law Department. The court requested that the following defendants waive service of summons: the City of New York, Captain Moya, Lieutenant Gavin Hoop, Police Officer Husamadin Umar, and Police Officer Holika Espinal.

For James Secreto, Kim Theodore, Tamika Powell, and Daniel Kiss, the court directed the Clerk to issue summonses, complete the required U.S. Marshals Service process forms with the defendants’ addresses, and provide the Marshals Service with the documents needed to serve them. Because Richardson was allowed to proceed without prepaying fees, the court stated that he was entitled to assistance from the court and the Marshals Service with service.

The court stated that if the complaint is not served within 90 days after summonses are issued, Richardson should request an extension of time. It also required him to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.

Ruling

Judge Edgardo Ramos ordered the Clerk to mail Richardson an information package, notify the relevant city offices, request service waivers from five defendants, and arrange Marshals Service of the other four defendants. The order is a service-related procedural order; it does not resolve the underlying claims.