Chapman-Green v. City of New York
- Ronnie Abrams
- 1:24-cv-01449
- U.S. District Court · Southern District of New York
- 2
In Chapman-Green v. City of New York, Judge Abrams dismissed claims against the NYPD and ordered service on the City and Officer Matias.
Jaheim Chapman-Green’s claims against the NYPD were dismissed, while the court directed service of the complaint on the City of New York and Officer Mark A. Matias.
What happened
In Chapman-Green v. City of New York, Jaheim Chapman-Green alleges that Officer Mark A. Matias used excessive force and searched his vehicle without probable cause or reasonable suspicion.
The court dismissed the claims against the New York City Police Department because a City agency cannot be sued as a separate entity. Because Chapman-Green is representing himself, the court treated the complaint as also asserting claims against the City of New York and Officer Matias.
Judge Ronnie Abrams ordered the Clerk to issue summonses for the City and Officer Matias and to change the case caption. Chapman-Green must serve both defendants within 90 days after the summonses are issued or request more time; otherwise, the court may dismiss the claims under the Federal Rules of Civil Procedure.
The detailed version
- Chapman-Green v. City of New York · No. 1:24-cv-01449
- Ronnie Abrams
- Mar. 13, 2024
Background
Jaheim Chapman-Green filed this action without a lawyer and paid the filing fees. He sued the New York City Police Department, alleging that Officer Mark A. Matias “forcefully dragged” him out of his car and searched the vehicle without probable cause or reasonable suspicion.
Ruling
The court dismissed Chapman-Green’s claims against the NYPD because a New York City agency is not a separate entity that can be sued under the New York City Charter. The court did not decide whether the alleged use of force or vehicle search was unlawful.
Because Chapman-Green was representing himself, the court construed the complaint as asserting claims against the City of New York and Officer Matias. It directed the Clerk of Court to issue summonses for those defendants and to amend the case caption to replace the NYPD with the City and Officer Matias.
Service Requirement
Chapman-Green must serve the summons and complaint on each defendant within 90 days after the summonses are issued. If he does not serve them or request an extension within that period, the court stated that it may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure. Judge Ronnie Abrams also directed the Clerk to mail Chapman-Green a copy of the order and an information package.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.