Murphy v. Bracero
- Nelson Roman
- 7:20-cv-10855
- U.S. District Court · Southern District of New York
- 4
In Murphy v. Bracero, Judge Roman ordered service and identification of unnamed officers without deciding the federal civil-rights claims.
Mark P. Murphy, the named defendants Detective Joseph Bracero and Detective Chavez, the unidentified John Doe officers, the U.S. Marshals Service, the Clerk of Court, and the Village of Ossining’s Corporation Counsel.
What happened
Murphy v. Bracero concerns Mark P. Murphy’s pro se lawsuit alleging that detectives and officers unlawfully arrested him and later strip-searched him at a police station.
The court had already allowed Murphy to proceed without paying the filing fee upfront. It ordered the U.S. Marshals Service to serve Detectives Joseph Bracero and Chavez, and extended the service deadline to 90 days after the summons is issued.
Judge Nelson S. Roman also ordered the Village of Ossining’s attorney to identify John Doe officers and provide their badge numbers and service addresses. The order arranged the next steps in the case but did not decide whether Murphy’s allegations were true or whether the defendants were legally liable.
The detailed version
- Murphy v. Bracero · No. 7:20-cv-10855
- Nelson Roman
- Jan. 5, 2021
Background
Mark P. Murphy, who was detained at the Westchester County Jail, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against certain government officials for violating constitutional or federal rights. Murphy alleged that the defendants unlawfully arrested him at about 6:30 a.m. on October 11, 2019, and later strip-searched him at a police station.
The court had previously granted Murphy permission to proceed without prepaying the filing fee. The opinion notes that prisoners must still pay the full filing fee over time even when granted that permission.
Service on the Named Defendants
Because Murphy was proceeding without prepaying the filing fee, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the usual 90-day service period to 90 days after the summons is issued, because the summons could not have been served before the court reviewed the complaint and ordered issuance of the summons.
The court directed the Clerk of Court to complete service forms for Detectives Joseph Bracero and Chavez, issue a summons, and give the necessary papers to the U.S. Marshals Service. The opinion identifies both detectives as associated with the Village of Ossining Police Department. Murphy was also required to notify the court in writing of any address change, and the court stated that it could dismiss the action if he failed to do so.
Identifying the John Doe Defendants
The court issued an order requiring assistance in identifying Officer John Doe #1 and Officer John Doe #2. Such an order permits a person proceeding without a lawyer to obtain information needed to name an unknown defendant.
The court directed the Corporation Counsel for the Village of Ossining, identified as the attorney and agent for the Village of Ossining Police Department, to determine the identity, badge number, and service address of each John Doe officer. The Corporation Counsel was required to provide that information to Murphy and the court within 60 days of the order.
Within 30 days after receiving the information, Murphy was required to file an amended complaint naming the John Doe defendants. The court stated that the amended complaint would replace, rather than supplement, the original complaint. After the amended complaint was filed, the court would screen it and, if necessary, direct the Clerk to arrange service on the newly identified defendants.
Ruling and Effect
Judge Nelson S. Roman ordered the Clerk to arrange service of the complaint on Bracero and Chavez, mail the order and related materials to Murphy, and send the order and complaint to the Corporation Counsel for the Village of Ossining. The order addressed service and identification of defendants; it did not resolve the merits of Murphy’s arrest or strip-search allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.