Diggs v. Police Officer John Doe

Background

Diggs brought this action under 42 U.S.C. § 1983, a federal law that allows claims against people acting under state law for violating federal rights. He alleged that the defendants falsely arrested and maliciously prosecuted him. The opinion identifies the defendants as New York City Police Department officers with shield numbers 959808 and 953007. Diggs was incarcerated and proceeded without a lawyer.

The court had previously allowed Diggs to proceed without paying the filing fee upfront. The opinion states that the amended complaint received on August 17, 2021, was the operative pleading.

Service of Process

Because Diggs was proceeding without paying fees upfront, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The court explained that the usual 90-day service period could not begin in the ordinary way because Diggs could not serve the summonses and amended complaint until the court reviewed the amended complaint and ordered summonses issued.

The court therefore extended the time for service until 90 days after the summonses are issued. It stated that, if service is not completed within that period, Diggs should request an extension of time. The court also required Diggs to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Order

The court directed the Clerk of Court to mail Diggs a copy of the order and an information package. It further directed the Clerk to issue summonses, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed addresses, and deliver the necessary documents to the Marshals Service so it could serve the defendants. Judge Paul A. Engelmayer signed the order. The opinion does not decide whether Diggs’s false-arrest or malicious-prosecution allegations are legally or factually valid.