Johnson v. City of New York
- George Daniels
- 1:20-cv-03083
- U.S. District Court · Southern District of New York
- 5
In Johnson v. City of New York, Judge Daniels ordered service and identification steps for Vandyke Johnson’s civil-rights lawsuit without deciding its claims.
Vandyke Johnson, who is proceeding without a lawyer; the City of New York, Diana Alama, Bronx Care Health System, David A. Hansell, and the unnamed Administration for Children’s Services worker identified through the court-directed process.
What happened
Vandyke Johnson sued the City of New York and others under a federal civil-rights law. His amended complaint concerns two arrests and the removal of his two minor children from parental custody.
Because Johnson was allowed to proceed without prepaying court fees, the court ordered the Clerk and U.S. Marshals Service to serve the City, Diana Alama, Bronx Care Health System, and David A. Hansell. The court also directed the New York City Law Department to identify the unnamed child-services worker involved in the children’s removal.
The court gave the Law Department 60 days to provide that worker’s identity and address, and gave Johnson 30 days afterward to file a second amended complaint naming her. Judge George B. Daniels did not decide whether Johnson’s claims were legally valid.
The detailed version
- Johnson v. City of New York · No. 1:20-cv-03083
- George Daniels
- Oct. 29, 2020
Background
Vandyke Johnson brought this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal statute allowing certain civil-rights claims. His amended complaint asserts claims based on arrests on November 25, 2019, and February 12, 2020, and on the February 7, 2020 removal of his two minor children from parental custody. The court had previously allowed Johnson to proceed without prepaying filing fees.
Service on Named Defendants
Because Johnson was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after summonses are issued. It directed the Clerk of Court to complete service forms, issue summonses, and provide the necessary papers to the Marshals Service for service on the City of New York, Diana Alama, Bronx Care Health System, and David A. Hansell, Commissioner of the Administration for Children’s Services.
The court also instructed Johnson to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Jane Doe ACS Worker
Johnson identified an unnamed Administration for Children’s Services worker who was present at Bronx Care Health System on February 7, 2020, and was involved in the decision to remove his children from parental custody. The court directed the New York City Law Department, as the attorney and agent for the agency, to determine that worker’s identity and service address and provide the information to Johnson and the court within 60 days.
After receiving that information, Johnson must file a second amended complaint naming the worker within 30 days. That complaint will replace, rather than supplement, the existing amended complaint. The court stated that it will screen the second amended complaint and, if necessary, direct service on the newly identified defendant.
Disposition
This was an order of service. Judge George B. Daniels directed service on the named defendants and required identification of the Jane Doe worker; the order did not decide whether Johnson’s underlying claims succeed.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.