Johnson v. City of New York

Background

Glenn Johnson, who was detained at the Anna M. Kross Center on Rikers Island, filed a self-represented action under 42 U.S.C. § 1983. He alleged that New York City police officers identified as John and Jane Does 1–6 of the 25th Precinct illegally stopped and searched him, then falsely arrested and imprisoned him and maliciously prosecuted him based on lies. The court had already allowed Johnson to proceed without prepaying filing fees.

Screening standard

Because Johnson was detained and sought relief from governmental defendants, the Prison Litigation Reform Act required the court to screen his complaint. The court had to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also explained that it must read self-represented complaints generously, while still requiring enough factual detail to make a claim plausible.

Rulings

The court dismissed Johnson’s claims against the New York City Police Department. It held that a City agency is not an entity that can be sued under the New York City Charter and the cited case law.

The court directed the Clerk of Court to issue a summons for the City of New York and send the necessary papers to the U.S. Marshals Service for service. Because Johnson was proceeding without prepaying fees, the court extended the service deadline until 90 days after the summons is issued. The court stated that Johnson should request more time if service is not completed within that period and must notify the court of any address change.

The court also ordered the New York City Law Department to identify the names, badge numbers, and service addresses of the John and Jane Doe officers within 60 days. Johnson must file an amended complaint naming those officers within 30 days after receiving the information. The amended complaint will replace, rather than supplement, the original complaint, and the court will screen it after filing.

The court referred Johnson to the New York Legal Assistance Group’s clinic for limited-scope assistance. It certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide whether Johnson’s allegations against the City or the unnamed officers were true or whether those claims ultimately would succeed.