Johnson v. The City of New York
- Katherine Failla
- 1:22-cv-06127
- U.S. District Court · Southern District of New York
- 5
In Johnson v. The City of New York, Judge Failla ordered identification of a John Doe dentist and service of the City in Johnson’s civil-rights case.
Kamar Johnson, the unidentified dentist, the City of New York, the New York City Law Department, the Clerk of Court, and the U.S. Marshals Service.
What happened
Kamar Johnson, representing himself, sued the City of New York and a dentist identified as John Doe under a federal civil-rights law. He alleges that the dentist provided inadequate medical care while Johnson was detained at the Otis Bantum Correctional Center.
The court ordered the New York City Law Department to identify the dentist and provide an address where he could be served. Because Johnson was allowed to proceed without paying court fees in advance, the Clerk of Court was also ordered to prepare service paperwork for the City and send it to the U.S. Marshals Service.
Judge Katherine Polk Failla issued an order of service, not a decision on whether Johnson’s medical-care allegations are valid. The order also explained that service on the City must occur within 90 days after the summons is issued, unless Johnson requests more time.
The detailed version
- Johnson v. The City of New York · No. 1:22-cv-06127
- Katherine Failla
- Sept. 13, 2022
Background
Kamar Johnson brings a case under 42 U.S.C. § 1983, a federal law that allows claims for violations of federal rights by state or local government actors. He is representing himself and alleges that, while detained at the Otis Bantum Correctional Center on Rikers Island, a dentist provided inadequate medical care during a 2020 tooth extraction. Johnson sued the City of New York and the dentist, whose identity was listed as John Doe.
The court had previously granted Johnson permission to proceed without paying court fees in advance. The opinion does not decide whether the alleged medical care was inadequate or whether either defendant is liable.
Identification of the John Doe dentist
The court applied a procedure requiring assistance for a self-represented litigant who needs help identifying a defendant. It found that Johnson had provided enough information for the New York City Department of Correction to identify the dentist who performed the extraction at the correctional center.
The court ordered the New York City Law Department, identified as the Department of Correction’s attorney and agent, to determine the dentist’s identity and service address. The Law Department must provide that information to Johnson and the court within 60 days of the order.
Within 30 days after receiving the information, the court will direct the Clerk of Court to add the named dentist to the complaint’s caption, remove the John Doe defendant, complete the service forms, and send the necessary documents to the U.S. Marshals Service.
Service on the City of New York
Because Johnson was allowed to proceed without prepaying fees, the court stated that he may rely on the court and the U.S. Marshals Service to serve the City. The Clerk of Court was ordered to complete the required service form, issue a summons for the City, and deliver the paperwork to the Marshals Service.
The court extended the service period so that the 90-day period begins when the summons is issued, rather than when the complaint was filed. If the complaint is not served within those 90 days, Johnson should request an extension of time. The court also directed Johnson to notify it in writing of any address change and warned that the case may be dismissed if he fails to do so.
Disposition
Judge Katherine Polk Failla entered an order directing steps to identify and serve the defendants. The order did not resolve the merits of Johnson’s medical-care claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.