Nzomo v. New York City

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights

New York Law Journal

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Judge Ronnie Abrams

Police officers Wheeler, Lang, and Famiano, sergeant Crimitz, and an unidentified senior officer searched Nzomo's home, without a warrant, in November 2007. Charges were eventually dismissed. Nzomo's June 2012 amended complaint under 42 USC §1983 sought to hold the City of New York liable for rights violations. Nzomo neither named, nor served, any individual defendants. Discussing Nzomo's allegations and the requirements of Monell v. New York City Dept. of Soc. Servs.—and those for deliberate indifference in Walker v. City of New York—the court held Nzomo failed to plead a plausible theory of municipal liability, and dismissed his claims against the city. However, under Federal Rule of Civil Procedure 15(c)(1), it permitted Nzomo to add Wheeler, Lang, Famiano and Crimitz as defendants. Nzomo's amended claims against them related back to his original complaint. They knew or should have known that they would have been named as defendants. Further, because the city's corporation counsel had notice, as of March 28, 2011, as to four of the five officers involved in the events giving rise to Nzomo's complaint, the corporation counsel's knowledge could be imputed to the named officers, who were thus on constructive notice.

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