Mkrtchyan v. City of New York
- Paul Engelmayer
- 1:21-cv-11232
- U.S. District Court · Southern District of New York
- 4
In Mkrtchyan v. City of New York, Judge Engelmayer ordered service on the City and identification of two unnamed officers in the pro se lawsuit.
Davit Mkrtchyan, the City of New York, the two unnamed New York City police officers, the New York City Law Department, the Clerk of Court, and the U.S. Marshals Service.
What happened
Davit Mkrtchyan sued the City of New York and two unnamed New York City police officers under a federal civil-rights law. He said the officers threatened to arrest him and issued him two court-appearance tickets after he tried to sell photographs at Rockefeller Center.
The court had allowed Mkrtchyan to proceed without paying filing fees. It ordered the Clerk of Court and U.S. Marshals Service to serve the City. It also ordered the New York City Law Department to identify the two unnamed officers and provide their badge numbers and service addresses. Mkrtchyan must then file an amended complaint naming them.
Judge Paul A. Engelmayer ordered these service and identification steps, but the order did not decide whether Mkrtchyan’s First Amendment claim was valid.
The detailed version
- Mkrtchyan v. City of New York · No. 1:21-cv-11232
- Paul Engelmayer
- Feb. 16, 2022
Background
Davit Mkrtchyan, representing himself, brought an action under 42 U.S.C. § 1983, a federal law that allows claims against state or local officials for violating federal rights. He alleged that two unnamed New York City police officers threatened to arrest him and issued him two court-appearance tickets on December 29, 2021, after he attempted to sell his photographs at Rockefeller Center. He said the tickets were later dismissed. He named the City of New York and the two unnamed officers as defendants.
The court had previously allowed Mkrtchyan to proceed without paying filing fees. Because he was proceeding without paying those fees, the court directed that the U.S. Marshals Service handle service of the summons and complaint on the City. The court extended the service deadline until 90 days after the summons was issued.
Rulings
The court ordered the Clerk of Court to issue a summons for the City of New York, complete the required service form with the City’s address, and provide the necessary documents to the U.S. Marshals Service. The order also stated that Mkrtchyan must notify the court if his address changes.
Under a rule allowing a self-represented litigant to receive help identifying an unnamed defendant, the court ordered the New York City Law Department to determine the identities, badge numbers, and service addresses of the two unnamed officers. The Law Department had 60 days to provide that information to Mkrtchyan and the court. Within 30 days after receiving it, Mkrtchyan must file an amended complaint naming the officers. That amended complaint will replace, rather than add to, the original complaint. The court would screen the amended complaint later and, if needed, direct service on the newly named officers.
What the Order Did Not Decide
The order addressed service of process and identification of the unnamed officers. It did not decide the merits of Mkrtchyan’s claim that the defendants violated his First Amendment rights. The opinion is attributed to Paul A. Engelmayer, but the signature block identifies Robert W. Lehrburger as the United States Magistrate Judge who signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.