Lesane v. Doe 1

Background

Steven Lesane, who was incarcerated at the time, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal civil-rights law. The court had previously allowed him to proceed without paying the filing fee in advance. After an earlier complaint was dismissed with permission to replead certain malicious-prosecution claims, Lesane submitted an amended complaint and a signed declaration confirming that he intended the submission to serve as that complaint.

Screening rulings

The court screened the amended complaint under statutes requiring dismissal of claims that are frivolous, malicious, inadequately pleaded, seek money from an immune defendant, or fall outside the court’s jurisdiction.

The court dismissed Lesane’s false-arrest claims as time-barred, relying on the reasons given in Chief Judge Laura Taylor Swain’s earlier order. It also dismissed claims against the Bronx District Attorney and Assistant District Attorney because prosecutors were immune from those claims, and dismissed claims against the Commissioner of the New York City Police Department for failure to state a claim. The court stated that Lesane’s claims against the City of New York could proceed.

Service on the City

Because Lesane had permission to proceed without paying the filing fee in advance, the court directed the Clerk of Court to prepare the service paperwork for the City of New York and send the necessary documents to the U.S. Marshals Service. The court extended the service deadline to 90 days after the summons is issued. It also directed Lesane to notify the court in writing if his address changes.

Identifying the unnamed officers

The court applied a procedure allowing a self-represented litigant to receive help identifying an unnamed defendant. It found that Lesane had provided enough information for the New York City Police Department to identify the four John Doe officers from the 43rd Precinct whom Lesane alleged were involved in his arrest and subsequent prosecution.

The court ordered the New York City Law Department, as the NYPD’s attorney and agent, to provide the officers’ identities, badge numbers, and service addresses to Lesane and the court within 60 days. Lesane was then required to file a second amended complaint naming those defendants within 30 days after receiving the information. That complaint would replace, rather than supplement, the current amended complaint and would be screened before any service on the named officers.

Other ruling

The court certified that an appeal would not be taken in good faith and denied Lesane permission to proceed without paying fees for purposes of an appeal. Judge Katherine Polk Failla ordered the Clerk of Court to carry out the service and mailing instructions.