Peralta v. Salcedo
- Jesse Furman
- 1:21-cv-06395
- U.S. District Court · Southern District of New York
- 2
In Peralta v. Salcedo, Judge Furman ordered service materials for two identified police officers.
Robinson Peralta, who was identified as proceeding without a lawyer, and Police Officers Hansel Salcedo and Daniel Wynne, for whom the court ordered summonses and service materials to be prepared.
What happened
In Peralta v. Salcedo, Robinson Peralta sued, among others, the City of New York and Police Officers Hansel Salcedo and Daniel Wynne under a federal civil-rights law. He alleged that the officers unconstitutionally searched his pockets.
The court had ordered the City’s Law Department to identify the officers and provide addresses where they could be served. The City identified Salcedo and Wynne, providing their shield numbers, assignments or status, and addresses.
Judge Furman directed the Clerk of Court to issue summonses for Salcedo and Wynne, complete service forms using the provided addresses, and send the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail the order to Peralta.
The detailed version
- Peralta v. Salcedo · No. 1:21-cv-06395
- Jesse Furman
- June 1, 2022
Background
Robinson Peralta filed this action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by people acting under state law. The opinion says that Peralta sued, among others, the City of New York, Police Officer Hansel Salcedo, and Police Officer Daniel Wynne. Peralta alleged that Salcedo and Wynne unconstitutionally searched his pockets.
On March 29, 2022, the court ordered the New York City Law Department to determine the identities of Salcedo and Wynne, if the names supplied by Peralta were inaccurate, and to provide addresses where they could be served. The City responded that, based on information and belief, the officers were Police Officer Hansel Salcedo, shield number 16775, and retired Police Officer Daniel Wynne, shield number 23610. It supplied addresses for both officers.
Ruling
The court directed the Clerk of Court to issue summonses for Salcedo and Wynne, complete the U.S. Marshals Service service forms using the addresses supplied by the City, and deliver the necessary documents to the Marshals Service so service could be carried out. The Clerk was also directed to mail a copy of the order to Peralta. The opinion does not decide whether the alleged pocket searches violated the Constitution or otherwise resolve the merits of Peralta’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.