Wist v. Middletown Police Department

Background

Eric Kyle Wist, proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleges that one or more police officers employed by the City of Middleburg Police Department used excessive force during three arrests: September 6, 2020; January 6, 2021; and June 27, 2021. The opinion states that an earlier order granted Wist permission to proceed without prepaying court fees.

The officers were not identified as defendants. The court relied on Valentin v. Dinkins, which provides that a self-represented litigant is entitled to help from the district court in identifying a defendant. The court found that Wist had supplied enough information for the Police Department to identify the officers who arrested him on the three dates.

Order

The court ordered the Corporation Counsel for the City of Middleburg, described as the attorney and agent for the Police Department, to determine the identity, badge number, and service address of each arresting officer. Corporation Counsel must provide that information to Wist and the court within 60 days of the order.

After receiving the information, the court said it would treat the complaint as amended to name those defendants and would direct the Clerk of Court to complete the required service forms with their addresses. The Clerk was also directed to mail the order and complaint to Corporation Counsel and to send Wist an information package.

Disposition and classification

This was a procedural order concerning the identification and service of defendants. The court did not decide the merits of Wist’s excessive-force allegations. The order was issued by Judge Philip M. Halpern.

Naming note

The supplied case name uses “Middletown,” while the caption identifies the defendant as “Middleburg Police Department.” The opinion also refers to the City of Middletown in places, so the entity name is inconsistent within the provided materials.