James v. Kelly

Background

Julian James, who was incarcerated at Clinton Correctional Facility and was representing himself, brought an action under 42 U.S.C. § 1983 against Police Lieutenant Kelly. James alleged that Kelly violated his rights. The opinion does not describe the underlying alleged violation.

James identified the defendant’s address as the New York City Police Department’s 44th Precinct at 2 East 169th Street, Bronx, New York. The U.S. Marshals Service attempted service at that address on January 9, 2023, but reported that Kelly did not appear to work there.

Court’s action

The court explained that a self-represented litigant is entitled to the court’s assistance in identifying a defendant when the complaint provides enough information to do so. The court concluded that James’s complaint supplied sufficient information for the New York City Police Department to identify the Police Lieutenant Kelly he intended to sue.

Judge Jessica G. L. Clarke ordered the New York City Law Department, described in the opinion as the attorney for and agent of the New York City Police Department, to determine Kelly’s identity and the address where he 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 serve the order and complaint on the Law Department at 100 Church Street, New York, New York.

What the order did not decide

This order addressed identifying the defendant and completing service. It did not decide the merits of James’s civil-rights allegations or whether Kelly violated his rights.