Torres v. City of New York

Background

Wilfredo Torres, who is proceeding without a lawyer, alleges that the defendants violated his federal constitutional rights. The amended complaint names the City of New York, Neil Veras, Patricia de Jesus, unidentified New York City police officers, NYC Health + Hospitals, and an unidentified physician employed by NYC Health + Hospitals at Bellevue Hospital Center. The court construed the amended complaint as asserting claims under 42 U.S.C. § 1983 and state law.

The court had previously allowed Torres to proceed without paying filing fees. Because he was proceeding without paying those fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.

Service on Named Defendants

The court directed service on the City of New York, Veras, de Jesus, and NYC Health + Hospitals. It instructed the Clerk of Court to issue summonses, complete the required U.S. Marshals Service forms with the defendants’ service addresses, and provide the necessary documents to the Marshals Service.

The court extended the time for service until 90 days after summonses were issued for those defendants. It stated that Torres should request an extension if service was not completed within that period. The court also required Torres to notify the court if his address changes and stated that the action could be dismissed if he failed to do so.

Identification of Unnamed Defendants

The court stated that a self-represented litigant is entitled to the district court’s assistance in identifying an unnamed defendant and obtaining a service address. It found that Torres had provided enough information for the New York City Police Department and NYC Health + Hospitals to identify the unnamed defendants.

The unnamed defendants included police officers who arrested Torres at his apartment on February 27, 2019, or brought him on February 27 or 28 to the 13th Precinct, Bellevue, or a state court. They also included a physician employed at Bellevue who examined Torres on February 27, 2019.

The court ordered the Corporation Counsel of the City of New York and counsel for NYC Health + Hospitals to provide the identities, badge numbers when applicable, and service addresses of those defendants to Torres and the court within 60 days. Within 30 days after receiving that information, Torres must file a second amended complaint naming the newly identified defendants and listing their badge numbers and service addresses. The second amended complaint will replace, rather than supplement, the earlier complaints. The court will screen that complaint and may later issue an order directing service on newly named defendants.

Disposition

Judge Edgardo Ramos ordered the Clerk of Court to mail the order and an information package to Torres and to send the order and amended complaint to the Corporation Counsel and NYC Health + Hospitals. The court denied Torres’s “Motion to Stay Decision” as moot. It also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order did not decide the merits of Torres’s constitutional or state-law claims.