McDaniel v. NYC Fire Department
- Katherine Failla
- 1:20-cv-00995
- U.S. District Court · Southern District of New York
- 11
In McDaniel v. NYC Fire Department, Judge Gardephe ordered service on New York City and identification of unnamed officers without deciding the claims.
Curtis McDaniel, the City of New York, and the six unidentified New York City police and fire department officers he seeks to sue.
What happened
In McDaniel v. NYC Fire Department, Curtis McDaniel, who is incarcerated and represents himself, alleges that unidentified New York City police and fire department officers illegally searched his apartment three times and falsely arrested him during one search. He brought the case under a federal civil-rights law against the City of New York and six unidentified defendants.
The court ordered the Clerk to issue a summons and service papers for the City of New York and send them to the U.S. Marshals Service. It extended the service deadline to 90 days after the summons is issued. The court also ordered the New York City Law Department to identify the six unnamed officers and provide their badge numbers and service addresses within 60 days.
Within 30 days after receiving that information, McDaniel must file a second amended complaint naming the officers. Judge Gardephe did not decide whether the searches or arrest were unlawful; this order addressed service and identification of defendants.
The detailed version
- McDaniel v. NYC Fire Department · No. 1:20-cv-00995
- Katherine Failla
- Dec. 21, 2020
Background
Curtis McDaniel, currently incarcerated at Bare Hill Correctional Facility, brings this self-represented action under 42 U.S.C. § 1983, a federal civil-rights statute. He alleges that unidentified New York City Police Department and New York City Fire Department officers illegally searched his apartment on July 11, 2018, February 25, 2019, and in March 2019. He also alleges that officers falsely arrested him during the July 11, 2018 search. The caption names the City of New York and six John and Jane Doe defendants.
The court had previously allowed McDaniel to proceed without paying the filing fee in advance. Because he was proceeding under that permission, the court explained that he could rely on the court and the U.S. Marshals Service to serve the City of New York.
Service on the City
The court extended the time for service until 90 days after the summons is issued. It instructed the Clerk of Court to issue a summons for the City of New York, complete the required U.S. Marshals Service process form with the City’s address, and provide the necessary documents to the Marshals Service for service. The court stated that McDaniel must notify the court in writing if his address changes and that the action could be dismissed if he fails to do so.
Identification of the Unnamed Officers
Under the court’s authority to help a self-represented litigant identify an unnamed defendant, the court found that McDaniel had provided enough information for the New York City Law Department to identify the six officers. The Law Department was ordered to determine each officer’s identity, badge number, and service address and provide that information to McDaniel and the court within 60 days.
Within 30 days after receiving the information, McDaniel must file a second amended complaint naming the officers. The court stated that the second amended complaint will replace, rather than supplement, the earlier complaints. The court will screen the second amended complaint and, if necessary, direct the Clerk to prepare service documents for the newly identified defendants.
Disposition
The court ordered the Clerk to mail the order and related materials to McDaniel and to send a copy of the order and amended complaint to the New York City Law Department. The order addressed service and defendant identification; it did not decide the merits of McDaniel’s allegations about the searches or arrest. The opinion is signed by Paul G. Gardephe, United States District Judge.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.