Williams v. City of New York et al

Filing 6

MEMORANDUM AND ORDER, Accordingly, plaintiffs claims against the City of New York are dismissed pursuant to 28mU.S.C. § 1915(e)(2)(B); no summons shall issue as to that defendant. The amended complaint shall proceed solely as to Officer Jean-Lou is as set forth above. The Clerk of Court is directed to issue a summons against Officer Jean-Louis. The United States Marshal Service is directed to serve the summons and amended complaint on Officer Jean-Louis without prepayment of fees. The Clerk of Court is further directed to mail a copy of this order, the summons, and the amended complaint to Corporation Counsel for the Cityof New York, Special Federal Litigation Division, and to mail a copy of this order to pro se plaintiff. The Court cer tifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct. 917, 8 L.Ed. 2d 21 (1962). This matter is respectfully referred to the Honorable James Orenstein, United States Magistrate Judge, for pretrial supervision.(Ordered by Judge Eric N. Vitaliano on 11/16/2018) c/m (Galeano, Sonia)

RLED
KLERK'S OFFI
IN CLERK'S OFFICE

US DISTRICT COURT E D M
^ICT COURT

ir NOV / 3 2018 a

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

BRUCE WILLIAMS,

LICATION

Plaintiff,
MEMORANDUM & ORDER

-against18-CV-921 (ENV)(JO)
CITY OF NEW YORK and OFFICER JEAN-

LOUIS ofthe NYPD's 114''' Precinct,
Defendants.

VITALIANO,D.J.

On February 9, 2018,pro se plaintiff Bruce Williams filed this civil rights action against
defendants Alberto Garcia, Police Officer Amadee Jean-Louis, the New York City Police

Department, the City of New York, and Richard Brown,the Queens County District Attorney.

Compl., Dkt. 1. By Memorandum and Order, dated September 8, 2018, the Court granted

plaintiffs request to proceed informa pauperis and dismissed the complaint with leave to amend
his false arrest claim against Officer Jean-Louis. See Sept. 8,2018 Mem.& Order, Dkt. 4. On
October 17, 2018, Williams filed an amended complaint against the City ofNew York and
Officer Jean-Louis. Am. Compl., Dkt. 5.

With respect to his claims against the City, nothing has changed. The amended

complaint is, therefore, dismissed as to the City of New York, for the same reasons set forth in
the Court's prior dismissal order. See Sept. 8,2018 Mem.& Order at 7. In short, plaintiff does
not allege any specific unlawful conduct which can be attributed to an official municipal custom,
policy or practice ofthe City of New York to establish municipal liability under 42 U.S.C.

§ 1983. See Monell v. Dep't ofSocial Servs. ofthe City ofNew York,436 U.S. 658,692,98 S.
Ct. 2018,56 L. Ed. 2d 611 (1978); see also Connickv. Thompson, 563 U.S. 51,61, 131 S. Ct.
1

1350, 179 L. Ed. 2d 417(2011). Therefore, plaintiff fails to state a claim on which relief may be
granted against the City of New York. See 28 U.S.C. § 1915(e)(2)(B).

However,the false arrest claim against Officer Jean-Louis shall proceed. Williams was

given leave to amend his false arrest claim to describe "(1)the date of plaintiffs arrest,(2)the
name of the officer(s) who arrested him,(3)the exact charge(s)for which he was arrested, and

(4) whether the case is ongoing or has been dismissed." Sept. 8,2018 Mem.& Order at 8. In his
amended complaint, he alleges that, on November 10, 2015, Officer Jean-Louis arrested him "to

get revenge",justifying the arrest by making false statements under oath, and that the arrest is
associated with docket number 2015QN055893 in Queens County. Am. Compl. at 8-9.

Although Williams has not named the charge against him and the status ofthe case, his provision
of the relevant docket number for the charge preferred against him gives sufficient notice to
substitute for this information in light ofthe solicitude accorded pro se litigants. See Hill v.
Curcione,657 F.3d 116, 122(2d Cir. 2011).
Conclusion

Accordingly, plaintiffs claims against the City of New York are dismissed pursuant to 28
U.S.C. § 1915(e)(2)(B); no summons shall issue as to that defendant. The amended complaint
shall proceed solely as to Officer Jean-Louis as set forth above.
The Clerk of Court is directed to issue a summons against Officer Jean-Louis. The
United States Marshal Service is directed to serve the summons and amended complaint on

Officer Jean-Louis without prepayment offees. The Clerk of Court is further directed to mail a

copy of this order, the summons, and the amended complaint to Corporation Counsel for the City
of New York, Special Federal Litigation Division, and to mail a copy of this order to pro se
plaintiff.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order
would not be taken in good faith and, therefore, informa pauperis status is denied for the
purpose of an appeal. See Coppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct. 917,8 L.
Ed. 2d 21 (1962).

This matter is respectfully referred to the Honorable James Orenstein, United States
Magistrate Judge, for pretrial supervision.

So Ordered.

Dated: Brooklyn, New York
November 16,2018

/s/ USDJ ERIC N. VITALIANO
ERIC N. VITALIANO

United States District Judge