Komatsu v. The City of New York
- Edgardo Ramos
- 1:20-cv-08251
- U.S. District Court · Southern District of New York
- 5
In Komatsu v. The City of New York, Judge Ramos ordered service and identification of unknown defendants in Komatsu’s lawsuit.
Towaki Komatsu, the named defendants, the unknown defendants he identified, the Clerk of Court, the U.S. Marshals Service, and the New York City Law Department.
What happened
Towaki Komatsu, representing himself, sued the City of New York and others, alleging that they unlawfully prevented him from attending two public meetings. He brought claims under federal civil-rights laws and New York law, and the court had allowed him to proceed without paying fees upfront.
The court directed the Clerk and U.S. Marshals Service to serve the named defendants and extended the service deadline to 90 days after summonses are issued. It also directed the New York City Law Department to identify four unknown defendants and provide their service addresses.
In Komatsu v. The City of New York, Judge Edgardo Ramos required Komatsu to file an amended complaint naming the unknown defendants within 30 days after receiving their identities. The order addressed service and case administration; it did not decide whether Komatsu’s claims were legally valid.
The detailed version
- Komatsu v. The City of New York · No. 1:20-cv-08251
- Edgardo Ramos
- Oct. 8, 2020
Background
Towaki Komatsu, proceeding without a lawyer, brought claims under 42 U.S.C. §§ 1983, 1985, and 1988, as well as New York State law. He alleged that the defendants unlawfully prevented him from attending two public meetings. The court had already granted his request to proceed without prepaying filing fees.
Service on Named Defendants
Because Komatsu was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summonses and complaint. The court extended the usual 90-day service period until 90 days after the summonses are issued.
The court directed the Clerk of Court to prepare service forms, issue summonses, and provide the necessary paperwork to the U.S. Marshals Service for service on the named defendants, including the City of New York, New York City Police Department (NYPD) personnel, the mayor, the former NYPD commissioner, and other named individuals listed in the order. Komatsu was also required to notify the court in writing if his address changed; the order stated that the court could dismiss the action if he failed to do so.
Unknown Defendants
The complaint identified four unknown defendants: “NYPD Officer John Doe 1 10/4/17,” “NYPD Officer John Doe 2, 10/4/17,” “John Doe 2 10/4/17,” and “DA John Doe Bodyguard.” The court directed the New York City Law Department, described in the order as the attorney for and agent of the NYPD, to determine their identities and service addresses and provide that information to Komatsu and the court within 60 days.
Within 30 days after receiving the information, Komatsu was required to file an amended complaint naming the unknown defendants. The order stated that the amended complaint would replace, rather than supplement, the original complaint. After it was filed, the court would screen it and, if necessary, direct further service by the U.S. Marshals Service.
Disposition and Scope
Judge Edgardo Ramos ordered the Clerk to mail the order and an information package to Komatsu, prepare the service materials for the named defendants, issue summonses, and send the order and complaint to the New York City Law Department. The order concerned service, identification of defendants, and related case administration. It did not decide the merits of Komatsu’s federal or state-law claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.