Cobb v. City of Peekskill
- Nelson Roman
- 7:20-cv-00991
- U.S. District Court · Southern District of New York
- 10
In Cobb v. City of Peekskill, Judge Roman ordered service steps for James Andrew Cobb, Jr.’s excessive-force case against the City and an unidentified officer.
James Andrew Cobb, Jr.; the City of Peekskill; the unidentified arresting officer referred to as John Doe; the City’s Corporation Counsel; and the Clerk of Court and U.S. Marshals Service responsible for service.
What happened
Cobb v. City of Peekskill concerns James Andrew Cobb, Jr.’s claim that he experienced excessive force during an arrest. He sued the City of Peekskill and an arresting officer identified only as John Doe under a federal civil-rights law. Cobb is incarcerated and is representing himself.
The court had already allowed Cobb to proceed without paying the filing fee upfront. It extended the service deadline until 90 days after summonses were issued and directed the Clerk’s Office and the U.S. Marshals Service to serve the City. The court also directed the City’s attorney to identify the John Doe officer and provide the officer’s badge number and service address within 60 days.
Judge Nelson S. Roman ordered Cobb to file an amended complaint naming the officer within 30 days after receiving that information. The amended complaint will replace the original complaint, after which the court will screen it and, if necessary, direct service on the named officer.
The detailed version
- Cobb v. City of Peekskill · No. 7:20-cv-00991
- Nelson Roman
- Feb. 24, 2020
Background
James Andrew Cobb, Jr., who was incarcerated at Franklin Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that he was subjected to excessive force during an arrest. The defendants listed in the caption were the City of Peekskill and an arresting officer identified as John Doe.
The court had previously granted Cobb permission to proceed without prepaying the filing fee. Because a plaintiff proceeding under that permission relies on the court and the U.S. Marshals Service to serve the defendants, the court extended the service deadline until 90 days after the summons was issued.
Service on the City of Peekskill
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the City, issue a summons, and provide the Marshals Service with the documents needed for service. Cobb was instructed to notify the court in writing if his address changes.
Identifying the John Doe Officer
The court found that Cobb had provided enough information for the City’s Corporation Counsel to identify the officer who allegedly arrested him on February 2, 2019, between 11:00 a.m. and 1:00 p.m., at 25 North Division Street in Peekskill. The Corporation Counsel was ordered to determine the officer’s identity, badge number, and service address and provide that information to Cobb and the court within 60 days.
Cobb was then ordered to file an amended complaint naming the officer within 30 days after receiving the information. The amended complaint will replace, rather than supplement, the original complaint. After Cobb files it, the court will screen the amended complaint and may issue further instructions for service.
Disposition
This order did not decide whether Cobb’s excessive-force allegations were legally or factually valid. It directed steps for service and identification of the unnamed defendant. Judge Nelson S. Roman also directed the Clerk of Court to mail the order and related materials to Cobb and to send the order and complaint to the City’s Corporation Counsel.
Read the full 10-page opinion on CourtListener, the free public archive maintained by the Free Law Project.