Platsky v. New York Police Department

Background

Henry Platsky originally identified two defendants as Officer John Doe I and Supervising Officer John Doe III. After the New York City Law Department supplied names and service addresses, Platsky filed an amended complaint naming them as Lieutenant Jermaine Oden and Police Officer John Soto.

The court had granted Platsky permission to proceed without paying filing fees. In such cases, federal law requires the court to order the U.S. Marshals Service to serve the defendants.

Service Orders

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Oden and Soto, issue summonses, and provide the Marshals Service with the paperwork needed to serve them.

The Clerk had previously issued a summons for Police Officer Wong Takkeung, but the docket showed that the Marshals Service did not serve Takkeung with the summons and original complaint within the 90-day period allowed by the Federal Rules of Civil Procedure. The court therefore directed the Clerk to complete a new service form, issue an amended summons, and provide the paperwork needed to serve Takkeung with the amended complaint.

Other Instructions and Disposition

The court stated that if the amended complaint was not served within 90 days after the summonses were issued, Platsky should request an extension of time for service. The court also required Platsky to notify it in writing if his address changed and stated that the action could be dismissed if he failed to do so. The Clerk was directed to mail the order to Platsky, who was proceeding without a lawyer. Judge Oetken entered this order of service; the opinion does not rule on the underlying claims.