Johnson v. City of New York

Background

Michael A. Johnson II proceeded without a lawyer and without prepaying filing fees. He brought the action under the federal-question statute, 28 U.S.C. § 1331, alleging violations of his rights by Governor Andrew Cuomo, Mayor Bill de Blasio, and the New York City Police Department (NYPD).

Johnson attached a notice of claim rather than providing factual information on the court’s complaint form. He alleged that NYPD officers assaulted him and his service dog, falsely arrested him, took $500 without giving him a receipt, committed hate crimes, denied him medical care, and used excessive force. He identified events on January 7, 2019, at the 40th Precinct in the Bronx, and on March 27, 2019, at an undisclosed location. He also referred to other alleged assaults between January 23, 2016, and September 11, 2019, and to an earlier related proceeding involving false arrest, malicious prosecution, and deprivation of his dog.

Court’s analysis

Because Johnson was proceeding without prepaying fees, the court screened the complaint under 28 U.S.C. § 1915(e)(2). That statute requires dismissal of claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. The court also explained that a complaint must provide enough factual detail to make a claim plausible and must comply with the requirement of a short and plain statement of the facts.

Governor Cuomo. The court treated Johnson’s claims against Governor Cuomo as claims under 42 U.S.C. § 1983, the federal civil-rights statute that allows claims for violations of federal rights by state actors. It dismissed those claims under Eleventh Amendment immunity, which generally protects states and state agents from suits in federal court. The court stated that Congress had not removed New York’s immunity for § 1983 claims and that New York had not waived the immunity.

Mayor de Blasio. The court dismissed the claims against Mayor de Blasio for failure to state a claim. It explained that a person generally cannot be held liable under § 1983 merely because that person supervises or employs someone who allegedly violated the plaintiff’s rights. Johnson did not allege facts showing the mayor’s direct and personal involvement in the events.

NYPD and the City of New York. The court stated that the NYPD, as a City agency, was not an entity that could be sued. Because Johnson was representing himself and appeared to intend to assert claims against the City, the court directed the Clerk to replace the NYPD with the City of New York in the caption. The court stated that this amendment was without prejudice to defenses the City might assert.

The court explained that a municipality is not liable under § 1983 merely because one of its employees allegedly acted wrongfully. Johnson needed to allege facts showing that a City policy, custom, or practice caused the constitutional violation. Because he had not done so, the court granted him leave to provide facts supporting municipal liability.

Individual officers and leave to amend

Johnson alleged wrongdoing by individual NYPD officers but did not identify those officers. The court granted him leave to name the officers and explain how and when each officer allegedly violated his rights. The amended complaint had to identify the relevant people, describe what each defendant did or failed to do, provide dates and locations, explain the alleged rights violations and injuries, and state the relief sought.

Disposition

The court dismissed Governor Cuomo and Mayor de Blasio from the action, replaced the NYPD with the City of New York, and granted Johnson leave to file an amended complaint within 60 days. The amended complaint would completely replace the original complaint, so any facts or claims Johnson wished to maintain had to be included in it. The court stated that failure to comply could result in dismissal for failure to state a claim. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.

Judge Colleen McMahon issued the order.