Obiagwu v. Bellevue Hospital
- Andrew Carter
- 1:25-cv-09470
- U.S. District Court · Southern District of New York
- 5
In Emmanuel Obiagwu v. Bellevue Hospital, Judge Carter ordered service steps, identification of Doe defendants, and substitution of H+H for Bellevue Hospital.
Emmanuel Obiagwu; H+H; NYU Langone; the identified NYPD officers and the City of New York; and the unnamed Bellevue Hospital staff and emergency medical technicians whose identities and service addresses must be determined.
What happened
Emmanuel Obiagwu, representing himself, sued under federal civil-rights laws, the Emergency Medical Treatment & Labor Act, and state law over his detention and involuntary transport to Bellevue Hospital on August 15, 2024.
The court directed steps to serve NYU Langone and H+H through the U.S. Marshals Service, asked certain New York Police Department officers and New York City to waive service, and ordered efforts to identify unnamed hospital staff and emergency medical technicians. It also directed that H+H replace Bellevue Hospital as a defendant because Bellevue, as an H+H facility, cannot be sued separately.
Judge Carter issued an order of service rather than deciding whether Obiagwu’s claims were legally valid. The order requires Obiagwu to file an amended complaint naming identified Doe defendants within 30 days after receiving their information and warns that he must keep the court informed of address changes.
The detailed version
- Obiagwu v. Bellevue Hospital · No. 1:25-cv-09470
- Andrew Carter
- Nov. 24, 2025
Background
Emmanuel Obiagwu, proceeding without a lawyer, brought claims under 42 U.S.C. § 1983 for alleged violations of the First, Fourth, Eighth, and Fourteenth Amendments. He also invoked the Emergency Medical Treatment & Labor Act and asserted state-law claims. The claims arise from his detention on August 15, 2024, and his subsequent involuntary transport to Bellevue Hospital. The court had previously allowed him to proceed without prepaying filing fees.
Identification and Service of Defendants
The court directed the Clerk of Court to notify the New York City Police Department and the New York City Law Department. It requested that NYPD Officers Clara Akomeah, Shania Moore, Chad Leed, and Justin Segot waive service of summons.
The court found that the complaint provided enough information for Bellevue Hospital to identify Jane Doe Nurses #3 and #4 and Bellevue staff members John Does #5 and #6. It ordered counsel for NYC Health + Hospitals, also called HHC or H+H, to determine their identities and service addresses and required the New York City Law Department to provide that information to the plaintiff and the court within 60 days.
The court also found that the complaint appeared to provide enough information for NYU Langone to identify the emergency medical technicians who transported Obiagwu to Bellevue Hospital. NYU Langone was ordered to determine those individuals’ identities and service addresses. Within 30 days after receiving the information, Obiagwu must file an amended complaint naming the Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will then screen the amended complaint and, if necessary, direct the Clerk to provide the U.S. Marshals Service with the documents needed for service.
Substitution of H+H for Bellevue Hospital
The court ruled that Bellevue Hospital lacks the legal capacity to be sued separately. Under New York law, H+H has the capacity to be sued, but Bellevue is only a facility belonging to H+H. Under Federal Rule of Civil Procedure 21, which allows a court to add or remove parties, the court directed the Clerk to substitute H+H for Bellevue Hospital and terminate Bellevue Hospital on the docket.
Service Through the U.S. Marshals Service
Because Obiagwu was allowed to proceed without prepaying fees, the court directed the Clerk to complete U.S. Marshals Service process forms for NYU Langone and H+H, issue summonses, and deliver the necessary paperwork to the Marshals Service for service. The court extended the service period to 90 days after the summonses are issued. If service is not completed within that period, Obiagwu should request more time. The court also stated that he must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.
Disposition
Judge Andrew L. Carter, Jr. ordered the procedural steps needed to identify defendants and serve the action, substituted H+H for Bellevue Hospital, and terminated Bellevue Hospital as a separate defendant. The order did not decide the merits of Obiagwu’s claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.