Opinion

Hardin v. Suffolk County

Court
District Court, E.D. New York
Filed
Sep 22, 2025
Cited by
0 cases
Authority
More cited than 39.4%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

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CHOYCE A. HARDIN,

Plaintiff,

MEMORANDUM &

ORDER

-against- 25-CV-2820 (GRB)(ARL)

SUFFOLK COUNTY, DETECTIVE LT. ANTHONY

CALANDRILLO, DETECTIVE BERRY, JOHN DOE

OFFICERS,

Defendants.

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GARY R. BROWN, United States District Judge:

On September 4, 2025, Choyce Hardin (“Plaintiff”), acting pro se, filed an Amended

Complaint naming Suffolk County, Detective Lt. Anthony Calandrillo, Detective Berry, and

unidentified Suffolk County “John Doe” police officers (collectively, “Defendants”). (See Docket

Entry (“DE”) 11.) Having already granted Plaintiff IFP status, (see Mem. & Order, DE 9), the

Court orders service of the summonses and amended complaint upon the defendants by the United

States Marshal Service in accordance with 28 U.S.C. § 1915(d).

However, given that the identities of the “John Doe” defendants are unknown to Plaintiff

at this time, the Court requests, pursuant to Valentin v. Dinkins, 121 F.3d 72, 75-76 (2d Cir. 1997)

(per curiam), that the Suffolk County Attorney ascertain the full names and service addresses of

the individuals involved in the events alleged in the amended complaint. (See DE 11.) To be clear

and for the avoidance of any doubt, the Suffolk County Attorney shall provide the identity and

contact information for any individual(s) involved in Plaintiff’s challenged arrest, regardless of

the date. Accordingly, the Clerk of the Court shall serve a copy of the amended complaint together

with this order on the Suffolk County Attorney, and the Suffolk County Attorney’s Office is

requested to attempt to ascertain the full names of the unidentified defendants and to provide their

names and the address(es) where such defendants can be served to the Court and to Plaintiff within

thirty (30) days of the date that this Order is served upon it.

The Suffolk County Attorney need not undertake to defend or indemnify these individuals

at this juncture. This Order merely provides a means by which the Plaintiff may name and properly

serve these defendants as instructed by the Second Circuit in Valentin. Once the information is

provided to the Court by the Suffolk County Attorney’s Office, Plaintiff’s amended complaint

shall be deemed amended to reflect the full names of these defendants, a summons shall be issued

to each defendant, and the USMS shall effect service.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal 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 (1962). Although Plaintiff has consented to

receive electronic notifications in this case (see DE 3), the Clerk of Court is respectfully directed

to also serve a copy of this Order to Plaintiff at his address of record and to note service on the

docket. In addition, the Clerk of the Court shall serve a copy of the amended complaint together

with this order on the Suffolk County Attorney, and the Suffolk County Attorney’s Office is

requested to attempt to ascertain the full names of the unidentified defendants and to provide their

names and the address(es) where such defendants can be served to the Court and to Plaintiff within

thirty (30) days of the date that this Order is served upon it.

SO ORDERED.

/s/ Gary R. Brown

_______________________

Dated: September 22, 2025 GARY R. BROWN

Central Islip, New York United States District Judge

2

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