Wilson v. Leslie

Background

John A. Wilson, who was proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983, alleging that the defendants violated his federal constitutional rights. The opinion states that Wilson was incarcerated at Elmira Correctional Facility when the order was issued and had been detained on Rikers Island when he filed the action. The court had previously granted him permission to proceed without prepaying filing fees.

The complaint named Captain Leslie, Officer Rivera, and the “Tactical Team of the 47th Precinct.” The opinion states that Wilson provided enough information to identify the Tactical Team officer or officers allegedly involved in placing him in his cell at the 47th Precinct on or around October 17, 2023. The opinion does not describe the underlying alleged constitutional violation in greater detail.

Screening of the Tactical Team Claim

The Prison Litigation Reform Act requires the court to screen a prisoner’s complaint against a governmental entity or government officer or employee. The court must dismiss claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

The court held that the “Tactical Team of the 47th Precinct” is not a “person” that can be sued under Section 1983. The court therefore dismissed Wilson’s claims against that Tactical Team under 28 U.S.C. § 1915(e)(2)(B)(ii).

Because Wilson was proceeding without a lawyer and clearly intended to sue the individual officers who allegedly violated his rights, the court interpreted the complaint as asserting claims against those unidentified officers. It directed the Clerk to replace the Tactical Team in the caption with “John Doe Officer or Officers of the 47th Precinct.” The court stated that this amendment was without prejudice to defenses the John Doe defendants might later assert.

Identifying the John Doe Defendants

Under a procedure requiring assistance in identifying an unknown defendant, the court ordered the New York City Law Department, as the attorney for and agent of the New York City Police Department, to determine the identity, badge number, and service address of each John Doe officer Wilson seeks to sue. The Law Department must provide that information to Wilson and the court within 60 days of the order.

Within 30 days after receiving the information, Wilson must file an amended complaint naming the John Doe defendant or defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint after it is filed and may then direct the Clerk to provide the U.S. Marshals Service with the information and documents needed to serve the newly named defendants.

Service on Leslie and Rivera

Because Wilson was allowed to proceed without prepaying filing fees, the court directed the Clerk to issue summonses for Captain Leslie and Officer Rivera, complete the required service forms with their addresses, and send the necessary paperwork to the U.S. Marshals Service. If service is not completed within 90 days after the summonses are issued, Wilson should request more time. The court also required Wilson to notify it in writing of any address change and stated that the action may be dismissed if he fails to do so.

Disposition

Judge Lorna G. Schofield dismissed Wilson’s claims against the “Tactical Team of the 47th Precinct,” directed that the John Doe officer or officers be added as a defendant, and ordered the steps needed to serve Captain Leslie and Officer Rivera. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not resolve the merits of Wilson’s underlying constitutional allegations against the individual officers.