Maxwell v. State of New York
- John Cronan
- 1:23-cv-03563
- U.S. District Court · Southern District of New York
- 2
In Maxwell v. State of New York, Judge Wang granted an adjournment because the defendants had not been served.
The ruling affects David Maxwell, the unserved individual defendants, and the City of New York by changing the date of the initial case-management conference.
What happened
In Maxwell v. State of New York, David Maxwell brings claims under a federal civil-rights law concerning his arrest and medical treatment. The opinion states that he is representing himself.
The City of New York’s law office asked to postpone the initial conference because no defendant had been served, and the City had not received a summons. Maxwell consented to the request.
Judge Ona T. Wang granted the application and adjourned the initial case-management conference from October 11, 2023, to November 14, 2023, at 10:00 a.m.
The detailed version
- Maxwell v. State of New York · No. 1:23-cv-03563
- John Cronan
- Sept. 27, 2023
Background
David Maxwell filed an amended complaint under 42 U.S.C. § 1983, a federal law allowing certain civil-rights claims against government actors. The letter states that the case includes false-arrest claims against New York City Police Department Officer Fatmir Vucetovic and Sergeant Howard Moth, and a claim alleging denial of medical treatment against New York City Fire Department emergency medical services worker Gerald Carr. Maxwell is representing himself.
The City of New York’s Corporation Counsel appeared as an interested party. The office stated that the individual defendants had not yet been served and that the City had not been issued a summons. An initial case-management conference had been scheduled for October 11, 2023.
Request
The Corporation Counsel asked the court to postpone the conference and related deadlines. The request was intended to allow time for service on the defendants and for the office to determine whether it would represent the individual defendants. Maxwell consented to the request.
Ruling
Judge Ona T. Wang granted the application. The court adjourned the initial case-management conference to Tuesday, November 14, 2023, at 10:00 a.m. The order does not state a separate disposition concerning the proposed case-management-plan deadline.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.