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S.D.N.Y.Procedural orderFiled Oct. 26, 2020

Torres v. City of New York

Judge
Edgardo Ramos
Docket
1:19-cv-06332
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureCivil RightsPro Se
In one sentence

In Torres v. City of New York, Judge Ramos directed service documents for named defendants after Torres amended his constitutional-rights suit.

Who this affects

Wilfredo Torres and the named defendants—Neil Veras, Patricia de Jesus, Dioasky Pena, Daniel Pearles, Mateusz Hader, Arkaprava Deb, and Steven Lasley—were affected by the service directives; the Clerk and U.S. Marshals were also directed to take service-related actions.

What happened

In Torres v. City of New York, Wilfredo Torres, who was representing himself, sued the City of New York, New York City Health and Hospitals, police officers, doctors, and previously unidentified defendants, alleging violations of his constitutional rights.

After the City and New York City Health and Hospitals identified the previously unidentified defendants, Torres filed a second amended complaint naming five police officers and two doctors. The court noted that none of the named defendants had been served.

Judge Edgardo Ramos ordered the Clerk to issue summonses, complete service forms, and give the necessary documents to the U.S. Marshals for service on the named defendants. The order did not decide whether Torres’s claims were valid.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Torres v. City of New York · No. 1:19-cv-06332
Judge
Edgardo Ramos
Date
Oct. 26, 2020

Background

Wilfredo Torres, representing himself, brought constitutional-rights claims against the City of New York; New York City Health and Hospitals; Police Lieutenant Neil Veras; Police Officer Patricia de Jesus; numerous previously unidentified defendants; and, later, Officers Dioasky Pena, Daniel Pearles, and Mateusz Hader and Doctors Arkaprava Deb and Steven Lasley.

In an earlier order, the court directed the Clerk to issue summonses and prepare documents for service on the City, New York City Health and Hospitals, Veras, and de Jesus. It also directed the City and New York City Health and Hospitals to identify the previously unidentified defendants and directed Torres to amend his complaint after that identification. The City and New York City Health and Hospitals complied by September 10, and Torres filed a second amended complaint on October 9 naming the additional officers and doctors.

Order

The court stated that, as of the date of the order, none of the named defendants—including Veras and de Jesus—had been served. The court therefore directed the Clerk to issue summonses for the named defendants, complete the required USM-285 service forms, and deliver the documents needed for service to the U.S. Marshals. The order included service addresses for the five officers and two doctors in an appendix. The court also directed that a copy of the order be mailed to Torres.

Disposition and classification

Judge Edgardo Ramos entered a procedural order concerning service of process. The order did not rule on the merits of Torres’s constitutional-rights claims and did not state whether any defendant was liable.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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