Browne v. PO Q. Ryer
- Andrew Krause
- 7:23-cv-08559
- U.S. District Court · Southern District of New York
- 6
Browne v. Ryer: Judge Roman corrected the defendant’s name and ordered summons and U.S. Marshals service for Browne’s constitutional traffic-stop case.
Kendall Browne and Officer Q. Ryer, Shield #1478; the Clerk of Court and U.S. Marshals Service were directed to carry out caption and service-related tasks.
What happened
In Browne v. PO Q. Ryer Shield #1478, Kendall Browne, representing himself, sued under a federal civil-rights law, alleging that the defendant violated his constitutional rights during a traffic stop. Chief Judge Laura Taylor Swain had allowed Browne to proceed without paying filing fees in advance.
The court corrected the defendant’s name in the case caption from “PO Ryer Q. Shield #1478” to “PO Q. Ryer Shield #1478.” Because Browne was allowed to proceed without prepaying fees, the court directed the Clerk to issue a summons and send the necessary papers to the U.S. Marshals Service for service.
Judge Nelson S. Roman also stated that Browne must ask for more time if service is not completed within 90 days after the summons is issued and must notify the court of any address change. The order did not decide whether Browne’s constitutional claims were valid.
The detailed version
- Browne v. PO Q. Ryer · No. 7:23-cv-08559
- Andrew Krause
- Oct. 17, 2023
Background
Kendall Browne, who was representing himself, brought an action under 42 U.S.C. § 1983, alleging that Officer Q. Ryer violated his constitutional rights during a traffic stop. Chief Judge Laura Taylor Swain had previously granted Browne permission to proceed without paying court fees in advance.
Caption Correction
The complaint identified the defendant as “Officer Ryer Q.”, but attachments to the complaint identified the name as “Q. Ryer.” The court directed the Clerk of Court to amend the caption from “PO Ryer Q. Shield #1478” to “PO Q. Ryer Shield #1478.”
Service of Process
Because Browne was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk to complete a U.S. Marshals Service process receipt and return form, issue a summons, and deliver the necessary papers to the Marshals Service for service on Officer Q. Ryer, Shield #1478.
The court stated that service must be completed within 90 days after the summons is issued. If service is not completed by then, Browne should request an extension of time. Browne must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Disposition
The court ordered the caption amended and directed the Clerk to issue the summons and arrange for service through the U.S. Marshals Service. The order did not address the merits of Browne’s constitutional allegations. Judge Nelson S. Roman also directed that Browne receive a copy of the order and information about the New York Legal Assistance Group’s clinic for people representing themselves in civil cases.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.