Lemon v. John Doe
- Kenneth Karas
- 7:23-cv-04698
- U.S. District Court · Southern District of New York
- 12
In Lemon v. John Doe, Judge Karas ordered service and identification steps to move James P. Lemon’s excessive-force suit forward.
James P. Lemon, Sgt. Anthony, the three unnamed Village of Ossining Police Department defendants, the Village of Ossining’s Corporation Counsel, the Clerk of Court, and the U.S. Marshals Service.
What happened
In James P. Lemon v. John Doe #1, et al., James P. Lemon, representing himself, alleges that members of the Village of Ossining Police Department used excessive force. The court understood the complaint to raise claims under a federal civil-rights law and state law, and had already allowed him to proceed without paying filing fees upfront.
The court ordered the Clerk to issue a summons and have the U.S. Marshals Service serve Sgt. Anthony. It also directed the Village of Ossining’s attorney to identify the three John Doe defendants and provide their badge numbers and service addresses within 60 days. Lemon must file an amended complaint naming them within 30 days after receiving that information.
Judge Kenneth M. Karas did not decide whether the alleged excessive force occurred or whether Lemon’s claims will succeed. This order addressed service, identification of defendants, and related instructions for continuing the case.
The detailed version
- Lemon v. John Doe · No. 7:23-cv-04698
- Kenneth Karas
- Sept. 14, 2023
Background
James P. Lemon, proceeding without a lawyer, alleges that members of the Village of Ossining Police Department used excessive force against him. The court understood his complaint to assert claims under 42 U.S.C. § 1983, a federal law that allows claims for constitutional violations by state or local officials, as well as claims under state law.
The court had previously allowed Lemon to proceed without prepaying filing fees. Because he was allowed to proceed this way, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.
Service on Sgt. Anthony
The court ordered the Clerk of Court to complete a U.S. Marshals Service process form for Sgt. Anthony, issue a summons, and provide the Marshals Service with the documents needed to serve him. The court extended the service period until 90 days after the summons is issued. The order states that Lemon should request more time if service is not completed within that period.
The court also instructed Lemon to notify the court in writing if his address changes and warned that the case could be dismissed if he fails to do so.
Identifying the John Doe defendants
Lemon identified three unnamed defendants as members of the Village of Ossining Police Department and provided enough information for the Village of Ossining’s Corporation Counsel to identify them. The court ordered the Corporation Counsel, described as the attorney for and agent of the Village of Ossining Police Department, to determine each John Doe’s identity, badge number, and address for service within 60 days after the order.
Within 30 days after receiving that information, Lemon must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue further instructions for serving the newly named defendants.
Other instructions
The court provided Lemon with an amended-complaint form and information about the New York Legal Assistance Group’s Clinic for Pro Se Litigants, a free legal clinic operated by a private organization. The clinic is not part of the court and cannot file papers for a person representing himself or herself.
Disposition and scope
The order directs the Clerk to issue and arrange service of the summons for Sgt. Anthony and directs the Corporation Counsel to help identify the three John Doe defendants. It does not decide the merits of Lemon’s excessive-force or state-law claims.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.