Johnson v. City of New York
- Stewart Aaron
- 1:23-cv-03018
- U.S. District Court · Southern District of New York
- 2
In Johnson v. City of New York, Judge Aaron ordered the City to identify defendants and granted Johnson more time to serve them.
Glenn Johnson, the City of New York, the unidentified John and Jane Doe defendants, and Officer Martinez.
What happened
Glenn Johnson, who is representing himself, filed a civil-rights lawsuit under a federal law against the City of New York and other defendants. His amended complaint named John and Jane Doe defendants and a police officer identified by the surname Martinez, all allegedly involved in a November 2019 incident.
The court ordered the City of New York to identify those defendants and provide their service addresses to Johnson and the court by July 7, 2023. Johnson must then file a second amended complaint naming them by August 7, 2023. The court said it would review that complaint and, if needed, arrange the documents and addresses necessary for service.
Judge Aaron granted Johnson’s request for more time to serve the defendants and extended the service deadline to November 6, 2023. The order did not decide whether Johnson’s underlying claims were valid.
The detailed version
- Johnson v. City of New York · No. 1:23-cv-03018
- Stewart Aaron
- May 9, 2023
Background
Glenn Johnson filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by people acting under state or local authority. In his amended complaint, Johnson named John and Jane Doe defendants and a police officer whose surname is Martinez. The complaint alleged that these individuals were involved in a November 2019 incident.
Identification of defendants
The court relied on the rule that a person representing himself is entitled to help from the court in identifying a defendant when the complaint provides enough information to do so. The court found that the amended complaint appeared to provide enough information for the City of New York to identify the Doe defendants and Officer Martinez.
The court ordered the City of New York to ascertain the identities of John and Jane Doe and Officer Martinez, and the address where each could be served. The City must provide that information to Johnson and the court by July 7, 2023. The order also specified procedures for reporting residential addresses when a person is not a current or former City employee or official but works or worked at a City facility.
Amended complaint and service deadline
Johnson must file a second amended complaint naming the Doe defendants and Officer Martinez by August 7, 2023. That complaint will replace, rather than supplement, the current complaint. After it is filed, the court will screen it and, if necessary, issue further instructions concerning service, including requests for waivers of service or documents for the U.S. Marshals Service.
Johnson also requested more time to serve the defendants who had not yet been served. Judge Stewart D. Aaron granted that request and extended the service deadline to November 6, 2023.
Disposition
The order directed the City to identify defendants and provide service information, required Johnson to file a second amended complaint, and granted his request for an extension of the service deadline. It did not decide the merits of Johnson’s § 1983 claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.