Johnson v. City of New York

Background

Glenn Johnson, who was detained at the Anna M. Kross Center on Rikers Island, filed this self-represented action under 42 U.S.C. § 1983. He asserted claims for false arrest, false imprisonment, and malicious prosecution against the City of New York; the New York City Transit Borough Manhattan Task Force; Police Officer Claudio Diaz #16786; Lieutenant Lyndon Tuckett; and six unidentified police officers. The court had previously granted Johnson permission to proceed without prepaying the filing fee.

Screening of the Complaint

Because Johnson is a prisoner proceeding without prepayment of fees, the court screened the complaint under the Prison Litigation Reform Act. That screening requires dismissal of claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s jurisdiction.

The court dismissed Johnson’s claims against the New York City Transit Borough Manhattan Task Force. The court explained that the Task Force is part of the New York City Police Department and that the New York Police Department and its bureaus are not separate entities that can be sued.

Service and Unidentified Defendants

The court ordered the Clerk of Court to issue a summons for the City of New York, complete the required service paperwork, and provide the necessary documents to the U.S. Marshals Service. The court extended the service period to 90 days after the summons is issued and stated that Johnson should request more time if service is not completed within that period.

Johnson had not provided service addresses for Lieutenant Tuckett, Officer Diaz, or the six John and Jane Doe officers. Applying a rule requiring courts to help self-represented litigants identify defendants, the court ordered the New York City Law Department to determine the identities and badge numbers of the six unidentified officers and find service addresses for them, Tuckett, and Diaz. The Law Department must provide that information to Johnson and the court within 60 days of the order. Johnson must then file an amended complaint naming the unidentified officers within 30 days after receiving the information. The amended complaint will replace, rather than add to, the original complaint, so Johnson must repeat any facts or claims he wants to preserve.

Other Directions and Disposition

The court referred Johnson to the New York Legal Assistance Group’s Pro Se Clinic for possible limited-scope assistance. The referral did not make the clinic Johnson’s attorney of record.

The court dismissed Johnson’s claims against the New York City Transit Borough Manhattan Task Force. It directed the Clerk to issue the City’s summons and arrange for service through the U.S. Marshals Service, and it directed that the order and complaint be sent to the New York City Law Department. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.