Caldwell v. Officer German Geronimo
- Sarah Cave
- 1:19-cv-08253
- U.S. District Court · Southern District of New York
- 7
In Caldwell v. German, Judge Failla dismissed claims against the Law Department and ordered service of excessive-force claims against Officer German.
Boisey Caldwell’s claims against the New York City Department of Law were dismissed, while his excessive-force claims against Officer Geronimo German proceeded to service.
What happened
Boisey Caldwell, representing himself, sued the New York City Department of Law and Officer Geronimo German under a federal civil-rights law, alleging excessive force.
The court dismissed Caldwell’s claims against the New York City Department of Law because a New York City agency cannot be sued, and because Caldwell did not allege that a city policy or practice caused the violation. The court directed the U.S. Marshals Service to serve Officer German.
In Boisey Caldwell v. Officer Geronimo German, Judge Katherine Polk Failla also extended the service deadline to 90 days after the summons is issued and denied permission to proceed without prepaying fees for any appeal.
The detailed version
- Caldwell v. Officer German Geronimo · No. 1:19-cv-08253
- Sarah Cave
- Nov. 13, 2019
Background
Boisey Caldwell, proceeding without a lawyer, brought an action under 42 U.S.C. § 1983 alleging that the defendants used excessive force against him. The court had previously allowed him to proceed without prepaying filing fees.
Claims Against the New York City Department of Law
The court screened the complaint under 28 U.S.C. § 1915(e)(2)(B), which requires dismissal of claims in a fee-waived case that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. The court also explained that it must dismiss a case when it lacks subject-matter jurisdiction.
The court dismissed Caldwell’s claims against the New York City Department of Law because a New York City agency is not an entity that can be sued. The court additionally stated that, to the extent Caldwell intended to sue the City of New York, he had not alleged facts showing that a city policy, custom, or practice caused the alleged constitutional violation. The court therefore dismissed those claims under § 1915(e)(2)(B)(ii).
Service on Officer German
The court directed the Clerk of Court to prepare the required service forms, issue a summons, and provide the necessary paperwork to the U.S. Marshals Service so that Officer Geronimo German, Shield No. 11218, could be served. Because Caldwell was proceeding without prepaying fees, the court extended the service period to 90 days after the summons was issued. The court stated that Caldwell should request an extension if service was not completed within that period.
The court also directed Caldwell to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.
Conclusion and Appeal
The order dismissed Caldwell’s claims against the New York City Department of Law and directed service on Officer German. It did not decide whether the alleged excessive force occurred or whether Officer German was legally liable. Judge Katherine Polk Failla certified that an appeal would not be taken in good faith and denied fee-waived status for purposes of an appeal.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.