Hop Wah v. Crosby

Background

John T. Hop Wah filed a complaint under 42 U.S.C. § 1983 alleging, among other things, false arrest and malicious prosecution arising from an arrest on or about December 16, 2011. The court granted his request to proceed without paying filing fees. An amended complaint added a defendant.

On August 9, 2023, District Judge Lorna Schofield dismissed seven of the nine defendants based on prosecutorial immunity and witness immunity. Hop Wah was permitted to proceed against Adeyemi Adebola and Cordell Crosby. The court directed that the United States Marshals Service serve the remaining defendants.

Crosby was served on December 25, 2023. The Marshals Service made three unsuccessful attempts to serve Adebola. The service records stated that a shelter would not accept service for Adebola because she no longer worked there, and later attempts at another address received no response.

Valentin Order

A Valentin order requires a court or a government entity to help a self-represented litigant identify a defendant or find an address where that defendant can be served. Because New York City appeared to be considering representation of Adebola, Magistrate Judge Stewart D. Aaron ordered the City to provide Adebola’s service address if it could find it after diligent efforts.

Ruling

The court ordered New York City, no later than February 1, 2024, to file a letter stating Adebola’s service address if known. If the address was unknown, the City had to describe the efforts it made to locate it. The court also stated that the City could file a redacted letter and an unredacted version under seal. This was a service-related procedural order; it did not decide whether Hop Wah’s false-arrest or malicious-prosecution claims were valid.