Sun v. New York City Police Department
- Laura Swain
- 1:18-cv-11002
- U.S. District Court · Southern District of New York
- 4
In Sun v. New York City Police Department, Magistrate Judge Netburn added four officers and ordered service while allowing amendment.
Plaintiff Yi Sun; the newly named officers Edwin Lau, Michael Mendez, Andrew Plaza, and Karanveer Balagad; the remaining unidentified officers; Corporation Counsel; the Clerk of Court; and the U.S. Marshals Service.
What happened
In Sun v. New York City Police Department, the court addressed the identification and service of four police officers previously named only as John Doe defendants. Corporation Counsel had provided their identities and sought more time to investigate the remaining officers.
The court directed the Clerk to add Edwin Lau, Michael Mendez, Andrew Plaza, and Karanveer Balagad to the case caption. It also directed the Clerk and U.S. Marshals Service to prepare and carry out service, gave Corporation Counsel until February 5, 2021, to identify any remaining officers, and allowed Plaintiff to amend her complaint by March 8, 2021.
Magistrate Judge Sarah Netburn issued the order on January 5, 2021. The order concerned party identification, service, and case administration; it did not decide the underlying claims.
The detailed version
- Sun v. New York City Police Department · No. 1:18-cv-11002
- Laura Swain
- Jan. 5, 2021
Background
Plaintiff Yi Sun had alleged that unidentified New York City Police Department officers confronted her at her home on January 20, 2019. In an earlier order, Judge Laura T. Swain directed New York City’s Corporation Counsel to provide the identities of the officers identified in the complaint as John Does. The court had granted several extensions for compliance.
On January 4, 2021, Corporation Counsel identified four of the eight officers and requested another 30 days to determine whether records existed concerning the remaining four. Because Plaintiff had not specified which John Doe defendant was responsible for particular acts, the court directed the Clerk to add the newly identified officers rather than replace the existing John Doe defendants.
Rulings
The court directed the Clerk to add Officer Edwin Lau, Officer Michael Mendez, Officer Andrew Plaza, and Officer Karanveer Balagad to the case caption. The court also allowed Corporation Counsel an additional 30 days to comply with the earlier identification order, requiring any remaining John Doe officers to be identified by February 5, 2021, with no further extensions. Plaintiff was allowed to amend her complaint by March 8, 2021.
Because Plaintiff had been permitted to proceed without paying filing fees, the court directed the Clerk to prepare the required service forms, issue summonses, and provide the necessary papers to the U.S. Marshals Service for service on the four newly named defendants. The court extended the service deadline until 90 days after the summonses were issued. It also stated that Plaintiff must notify the court of any address change and that the action could be dismissed if she failed to do so.
Effect of the Order
This was an administrative and service order. It did not decide the merits of Plaintiff’s claims or determine whether any defendant violated the law. Magistrate Judge Sarah Netburn signed the order.
Names and judge note
The supplied case metadata lists Laura Swain as the judge, but the opinion is signed by Sarah Netburn, United States Magistrate Judge. Laura T. Swain is identified in the opinion as the judge who issued the earlier identification order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.