Williams v. The City of New York
- Valerie Caproni
- 1:23-cv-04016
- U.S. District Court · Southern District of New York
- 5
In Williams v. The City of New York, Judge Caproni ordered service of a pro se false-arrest lawsuit after granting permission to proceed without fees.
Shamark Williams, the City of New York, Officer Jason Lewin, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Williams v. The City of New York, Shamark Williams, representing himself, alleged that Officer Jason Lewin falsely arrested him on charges that were dismissed. He brought the action under a federal civil-rights law.
Because Williams had already been allowed to proceed without paying filing fees upfront, the court directed the Clerk of Court and the U.S. Marshals Service to serve Officer Lewin and the City of New York. The court extended the service deadline to 90 days after the summonses are issued.
Judge Valerie Caproni ordered the Clerk to issue the summonses, complete the service forms, provide the necessary documents to the Marshals Service, and mail Williams an information package. The order did not decide whether the alleged false arrest occurred or whether Williams will prevail.
The detailed version
- Williams v. The City of New York · No. 1:23-cv-04016
- Valerie Caproni
- June 16, 2023
Background
Shamark Williams, proceeding without a lawyer, sued the City of New York and Police Officer Jason Lewin under 42 U.S.C. § 1983. Williams alleged that Officer Lewin falsely arrested him on charges that were dismissed. The opinion does not decide the truth of those allegations or the defendants’ potential defenses.
The court had previously granted Williams permission to proceed without paying court fees upfront. In this order, the court addressed service of the lawsuit rather than the merits of the false-arrest claim.
Service Order
Because Williams was allowed to proceed without paying fees upfront, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to issue summonses for Officer Lewin and the City of New York, complete the required service forms with the defendants’ addresses, and deliver the necessary paperwork to the Marshals Service.
The court extended the service period to 90 days after the summonses are issued. It stated that, if service is not completed within that period, Williams should ask for more time. The order also required Williams to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Disposition
Judge Valerie Caproni ordered the Clerk of Court to issue the summonses and arrange for service by the U.S. Marshals Service. The Clerk was also directed to mail Williams an information package. The order is procedural: it advances service of the complaint and does not rule on the alleged false arrest, liability, or damages.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.