Komatsu v. The City of New York

Background

Towaki Komatsu, proceeding without a lawyer, brought several related actions under 42 U.S.C. §§ 1983, 1985, and 1988, as well as New York law. He alleged that defendants unlawfully prevented him from attending several public meetings. The City of New York was named in each action; other defendants included Mayor Bill de Blasio, former Police Commissioner James O’Neill, and various police officers or public officials, depending on the meeting involved.

The court had granted Komatsu permission to proceed without prepaying filing fees in each case. The order concerned Case No. 20-cv-07502 and addressed service of process—the formal delivery of the summons and complaint to the defendants—not the merits of Komatsu’s allegations.

Service Order

Because Komatsu was proceeding without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to carry out service. The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary paperwork to the Marshals Service so it could serve the City of New York at 100 Church Street, New York, New York 10007.

The court extended the time for service to 90 days after the summons is issued. It stated that, if service was not completed within that period, Komatsu should request an extension. The court also warned that Komatsu must notify the court in writing if his address changes and that the action could be dismissed if he failed to do so.

Disposition

Judge Edgardo Ramos ordered the Clerk to mail Komatsu a copy of the order and an information package, prepare the service forms, issue the summons, and provide the documents to the U.S. Marshals Service. The order did not rule on the validity of the claims or determine whether any defendant violated the law.