Santana v. Doe

Background

Fernando Santana, appearing without a lawyer, brought this action under 42 U.S.C. § 1983, a federal law allowing claims against state or local officials for violating federal rights. He alleged that two unidentified New York City Police Department officers violated his constitutional rights in connection with his May 23, 2021 arrest. The caption identifies the defendants as John Doe (1) and John Doe (2).

The court had previously allowed Santana to proceed without paying filing fees in advance. Santana's amended complaint provided enough information for the New York City Police Department to identify the two officers stationed at Transit Division 11 who were involved in the arrest.

Order

The court applied the rule that a person representing himself is entitled to the district court's help identifying an unknown defendant. It ordered the New York City Law Department, described in the opinion as the attorney and agent for the NYPD, to determine each officer's identity, badge number, and address for service. The Law Department had to provide that information to Santana and the court by December 14, 2021.

Within 30 days after receiving the information, Santana must file a second amended complaint naming the officers. That complaint will replace, rather than supplement, his earlier complaints. After Santana files it, the court will screen the new complaint and, if necessary, direct the Clerk to prepare service forms and send the required documents to the U.S. Marshals Service.

Disposition

Judge Paul G. Gardephe issued an order of service directing the Clerk to mail the order and complaint to the New York City Law Department and to send Santana the second amended complaint form and an information package. The order addressed identifying the defendants and the next steps for service; it did not decide the merits of Santana's constitutional-rights claims.