Sanders v. Doe

Background

Robert Sanders, proceeding without a lawyer and without paying filing fees, filed an amended complaint naming Officers Peter Simonovic and Jose Cintron and Sergeant Richard Johnson. The defendants had been identified under the court’s June 28, 2019 order. The New York City Law Department reported that Johnson was retired from the New York City Police Department and provided his last known address.

On October 24, 2019, the court directed the Clerk of Court to issue summonses and give the necessary papers to the U.S. Marshals Service so it could serve the three defendants. On December 17, 2019, the Marshals Service tried to serve Simonovic and Cintron through the New York City Police Department’s Bronx Narcotics Borough location, but the location did not accept legal service. Sanders later stated that he had received proof of service for those defendants, but the court had not received that proof.

On January 23, 2020, the Marshals Service tried to serve Johnson at the address supplied by the New York City Law Department. The attempt failed because the current resident said Johnson had sold the property in April 2019.

Ruling

Judge Lewis J. Liman ordered the New York City Law Department to provide an address where Simonovic and Cintron could be served, or alternatively to accept service on their behalf, no later than February 24, 2020. The court separately ordered the Law Department to determine and provide Johnson’s proper service address by March 2, 2020.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Sanders permission to appeal without paying fees. The Clerk of Court was directed to send Sanders a copy of the order by certified mail and regular first-class mail.