Williams, Jr. v. City of New York
- James Oetken
- 1:23-cv-02700
- U.S. District Court · Southern District of New York
- 3
In Williams, Jr. v. City of New York, Judge Oetken ordered service steps and identification of a Doe defendant while the constitutional-rights case proceeds.
Alexander Williams, Jr.; the City of New York and the named defendants; the unnamed 1A Housing Unit supervisor; and the New York City Law Department, which must identify that supervisor.
What happened
Alexander Williams, Jr. sued the City of New York and several people under a federal civil-rights law, claiming they violated his constitutional rights. He filed the amended complaint without a lawyer and is detained at the George R. Vierno Center on Rikers Island.
The court asked the named defendants to waive formal delivery of the summons and complaint. It also directed the New York City Law Department to identify the unnamed supervisor whom Williams wants to sue, including that person's badge number and service address, and told Williams to notify the court after receiving the information. The court also made information about limited legal assistance available through the New York Legal Assistance Group.
Judge James Oetken did not decide whether Williams's constitutional claims were valid. The order addressed starting service, identifying the unnamed defendant, and providing information about possible legal assistance.
The detailed version
- Williams, Jr. v. City of New York · No. 1:23-cv-02700
- James Oetken
- May 17, 2023
Background
Alexander Williams, Jr. filed this action under 42 U.S.C. § 1983, a federal law allowing claims against people who violate constitutional rights while acting under state law. He proceeded without a lawyer and had already received permission to file without prepaying fees. Williams later filed an amended complaint naming the City of New York; Louis Molina; Joanne Matos; Antoinette Cort; Captain Lindsey-Smith; Assistant Commissioner Thomas Griffin; and an unnamed supervisor of the 1A Housing Unit on February 12, 2023. The opinion states that Williams was detained at the George R. Vierno Center on Rikers Island.
What the Court Ordered
The court requested that the named defendants waive service of the summons and complaint. A waiver allows formal delivery of those documents to be avoided if the defendants agree.
Because Williams provided enough information to identify the unnamed supervisor, the court directed the New York City Law Department to determine that person's identity, badge number, and address for service. The Law Department must provide the information to Williams and the court within 60 days of the order. Williams must notify the court within 30 days after receiving the information. The court stated that it would then direct the clerk to add the newly identified defendant and ask that defendant to waive service.
The court also made information available about the New York Legal Assistance Group, a private organization that may provide limited assistance to people litigating civil cases without lawyers. The order clarified that the organization is not part of the court and cannot file documents for Williams.
Disposition and Effect
The order is an order of service. It directs procedural steps for beginning the case against the named defendants and identifying the unnamed defendant; it does not decide the merits of Williams's constitutional claims. The clerk was directed to notify the New York City Department of Correction and the New York City Law Department, mail the order and complaint to the Law Department, and send Williams an information package.
Judge James Oetken signed the order on May 17, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.