Peralta v. Salcedo

Background

Robinson Peralta, who was representing himself and proceeding without paying filing fees, brought an action under 42 U.S.C. § 1983. He alleged that officers employed by the New York City Police Department followed and harassed him without cause over a ten-year period. He sued Hansel Salcedo, Daniel Wynne, and the City of New York.

Service problem

The U.S. Marshals Service could not serve Salcedo and Wynne using the names and addresses Peralta supplied. The court applied a Second Circuit rule requiring district courts to assist people representing themselves in identifying defendants when the complaint provides enough information to do so. The court determined that Peralta’s amended complaint provided sufficient information for the New York Police Department and the City of New York to identify the two defendants.

Order

Judge Jesse M. Furman ordered the New York City Law Department, which represents and acts as the City’s agent, to determine the identities of Salcedo and Wynne, if the names provided were different from their actual names, and the addresses where they could be served. The Law Department must give that information to Peralta and the court within 60 days of the order. The Clerk of Court was also directed to mail Peralta a copy of the order. The order did not decide whether Peralta’s allegations were legally valid.