Livingston v. Doe
- John Cronan
- 1:20-cv-02009
- U.S. District Court · Southern District of New York
- 4
In Livingston v. Mejia, Judge Cronan treated both complaints as operative, added New York City, and ordered service.
Clarence Livingston, the City of New York, Detectives Yeuris Mejia and Cesar Gonzalez, and the Clerk’s Office and U.S. Marshals Service handling service of process.
What happened
In Clarence Livingston v. Detective Yeuris Mejia, Shield No. 3936 et al., Livingston, who was incarcerated and representing himself, alleged that he was arrested without probable cause and held for 23 months before the charges were dismissed.
The court treated Livingston’s original and amended complaints together, added the City of New York as a defendant, and stated that this addition did not affect the City’s defenses. It also extended the service deadline and directed the Clerk’s Office and U.S. Marshals Service to serve Detective Yeuris Mejia and Detective Cesar Gonzalez.
Judge John P. Cronan issued the order on November 17, 2020. The order addressed the pleadings and service of process; it did not decide whether Livingston’s claims were legally valid.
The detailed version
- Livingston v. Doe · No. 1:20-cv-02009
- John Cronan
- Nov. 17, 2020
Background
Clarence Livingston filed a civil-rights complaint under 42 U.S.C. § 1983. He alleged that he was arrested without probable cause and spent 23 months in pretrial detention before the charges were dismissed. Livingston was incarcerated, represented himself, and had permission to proceed without paying filing fees.
An earlier order directed the New York City Law Department to identify defendants initially listed by Livingston as unknown defendants. The Law Department identified Detective Yeuris Mejia and Detective Cesar Gonzalez. Livingston then filed an amended complaint naming those detectives, but he did not name the City of New York in that pleading.
Operative Pleading
Although an amended complaint ordinarily replaces the earlier complaint, the court construed Livingston’s original and amended complaints together as the operative pleading. The court directed the Clerk’s Office to include both complaints in the service package so the original complaint would provide context for the claims in the amended complaint.
City of New York
Using Rule 21 of the Federal Rules of Civil Procedure, which allows a court to add or remove a party, the court directed the Clerk of Court to add the City of New York as a defendant. The court relied on Livingston’s self-represented status and his stated intention to assert claims against the City. The order stated that adding the City was without prejudice to any defenses the City might assert.
Service of Process
Because Livingston was proceeding without paying filing 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 time for service until 90 days after the summons was issued. It instructed the Clerk’s Office to prepare the required service forms for Detectives Mejia and Gonzalez, issue a summons, and provide the Marshals Service with the documents needed for service, including both complaints.
The order also required Livingston to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.
Disposition
Judge John P. Cronan directed the Clerk’s Office to add the City of New York as a defendant and to arrange service on Detectives Mejia and Gonzalez through the U.S. Marshals Service. The order did not reach the merits of Livingston’s civil-rights claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.