James v. Kelly
- Clarke
- 1:22-cv-09560
- U.S. District Court · Southern District of New York
- 2
In James v. Kelly, Judge Clarke ordered the New York City Law Department to identify the police lieutenant named as defendant and provide a service address.
Julian James, Police Lieutenant Kelly, the New York City Police Department, and the New York City Law Department.
What happened
In James v. Kelly, Julian James brought a self-represented civil-rights lawsuit under a federal law against Police Lieutenant Kelly, alleging that Kelly violated his rights. The opinion states that Kelly was employed by the New York City Police Department.
The Marshals Service could not serve Kelly at the address James provided because Kelly did not appear to work at that precinct. The court therefore directed the New York City Law Department to determine which Police Lieutenant Kelly James meant to sue and where that person could be served.
Judge Jessica G. L. Clarke ordered the Law Department to give that information to James and the court within 30 days. The court also directed the Clerk to notify the Police Department and the Law Department and to send the Law Department the order and complaint.
The detailed version
- James v. Kelly · No. 1:22-cv-09560
- Clarke
- July 26, 2023
Background
Julian James, who was incarcerated at Clinton Correctional Facility, filed a self-represented lawsuit under 42 U.S.C. § 1983. He alleged that Police Lieutenant Kelly, who was employed by the New York City Police Department, violated his rights. James identified Kelly's address as the New York City Police Department's 44th Precinct.
Service Problem
The United States Marshals Service unsuccessfully attempted to serve Kelly at that address on January 9, 2023. The Marshals Service reported that Kelly did not appear to work at the 44th Precinct. The court explained that, under a Second Circuit procedure for helping self-represented litigants identify defendants, James was entitled to assistance in determining Kelly's identity.
Order
The court ordered the New York City Law Department, identified as the attorney for and agent of the New York City Police Department, to determine which Police Lieutenant Kelly James intended to sue and the address where that defendant could be served. The Law Department was ordered to provide that information to James and the court within 30 days of the order. The Clerk of Court was directed to notify the Police Department and the Law Department and to serve the Law Department with the order and complaint.
This order addressed identifying and serving the defendant. It did not decide whether James's underlying civil-rights allegations were valid.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.