Chepilko v. The City of New York

Background

Sergei Chepilko, proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleges that the defendants violated his First Amendment right to sell photographs at Rockefeller Center. According to the complaint, on December 29, 2018, two unnamed New York City Police Department officers threatened him with arrest and issued him a desk appearance ticket. The opinion states that the ticket was later dismissed.

Chepilko named the City of New York and two unnamed officers, identified as John Doe 1 and John Doe 2. The court had previously allowed him to proceed without prepaying filing fees.

Service on the City

Because Chepilko was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed. It instructed 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 papers to the Marshals Service.

The order also required Chepilko to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Identifying the unnamed officers

The court relied on the rule that an unrepresented litigant is entitled to the district court’s assistance in identifying a defendant. It found that Chepilko had provided enough information for the New York City Police Department to identify the two officers who issued the appearance tickets on December 29, 2018.

The court therefore directed the New York City Law Department, described in the opinion as the Police Department’s attorney and agent, to determine each officer’s identity, badge number, and address for service. The Law Department must provide that information to Chepilko and the court within 60 days of the order.

After receiving the information, Chepilko must file an amended complaint naming the officers within 30 days. The amended complaint will replace the original complaint rather than add to it. The court stated that it will then screen the amended complaint and, if necessary, direct service on the named officers through the Marshals Service.

Disposition

Judge Andrew L. Carter, Jr. issued an order directing service of the City of New York and identification of the two unnamed officers. The order did not decide the merits of Chepilko’s First Amendment claim or determine whether any defendant violated federal law.