Shantik Smith v. City of New York

CourtDistrict Court, S.D. New York
DecidedSeptember 26, 2025
Docket1:25-cv-01551
StatusUnknown

This text of Shantik Smith v. City of New York (Shantik Smith v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shantik Smith v. City of New York, (S.D.N.Y. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHANTIK SMITH, Plaintiff, 25 Civ. 1551 (KPF) -v.- VALENTIN ORDER CITY OF NEW YORK, Defendant. KATHERINE POLK FAILLA, District Judge: Plaintiff Shantik Smith, who currently is incarcerated at West Facility on Rikers Island, is proceeding pro se and in forma pauperis. He filed a complaint under 42 U.S.C. § 1983, alleging that the City of New York violated his right to practice his Muslim religion during his detention at West Facility and at the Eric M. Taylor Center (“EMTC”). (Dkt. #1 (“Complaint” or “Compl.”)). The following facts are taken from the Complaint regarding events occurring between March 7, 2024, and April 10, 2024:1 On an unspecified date at EMTC, Plaintiff was forced to submit to a public strip search, in front of other detainees, in violation of his sincerely held religious belief that men may not stand naked in front of other men. (Compl. 13-14). Plaintiff further alleges that, during Ramadan in 2024: (i) he was not allowed to attend Muslim services; and (ii) he was not provided a double portion of food with which to break his fast (or a pre-packaged meal to

1 There are some slight inconsistencies in Plaintiff’s Complaint regarding the relevant dates. On page 13, Plaintiff asserts that the underlying events occurred between March 7, 2024, and March 21, 2024. (Compl. 13). On page 7, however, Plaintiff indicates that other incidents also took place between March 21, 2024, and April 5, 2024. (Id. at 7). And on page 15, Plaintiff states that additional events occurred up until April 10, 2024. (Id. at 15). eat the following morning before his fast resumed), and as a result he went hungry. Plaintiff appears to allege that these incidents happened at EMTC between March 11, 2024, and March 22, 2024, and at West Facility between

March 22, 2024, and April 10, 2024. (Id. at 13-15). Finally, according to Plaintiff, rabbis, chaplains, and priests are made available to detainees at West Facility, but no imam was ever provided to the Muslim detainees. (Id. at 15- 16). In response to questions from the Court during a telephone conference on September 24, 2025, Plaintiff stated his intention to pursue claims against individual New York City Department of Correction (“DOC”) officers. DISCUSSION A. Adding Doe Defendants In light of Plaintiff’s pro se status and clear intention to assert claims

against individual DOC correction officers whose identities are not currently known, the Court directs the Clerk of Court, under Federal Rule of Civil Procedure 21, to amend the caption of this action to add as Defendants “John and Jane Doe Correction Officers 1-5.” See Fed. R. Civ. P. 21. B. Identifying the Individual Defendants Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the Complaint, Plaintiff appears to supply sufficient information to permit the

DOC to identify the correction officers who were involved in the alleged events at EMTC and West Facility between March 7, 2024, and April 10, 2024. 2 Pursuant to the electronic service agreement between the Court and DOC, the Clerk of Court is directed to electronically notify the New York City Law Department (the “Law Department”) and DOC of this Order. The court

directs the Law Department, which is the attorney for and agent of DOC, to ascertain the identity and badge number of each John or Jane Doe whom Plaintiff seeks to sue here and the address where the defendant may be served.2 The Law Department must provide this information to Plaintiff and the Court within sixty days of the date of this Order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the Doe defendant(s).3 The amended complaint

2 Insofar as there are discrepancies in the dates Plaintiff provides, DOC records should assist with determining Plaintiff’s exact whereabouts during the time period at issue and which DOC employees were involved in the alleged incidents. If a Doe defendant is a current or former DOC employee or official, the Law Department should note in the response to this order that an electronic request for a waiver of service can be made under the e-service agreement for cases involving DOC defendants, rather than by personal service at a DOC facility. If the Doe defendant is not a current or former DOC employee or official, but otherwise works or worked at a DOC facility, the Law Department must provide a residential service address. 3 Plaintiff is also reminded of the Court’s discussions regarding the pleading requirements for a claim against the City of New York. In particular, under Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690-91 (1978), and cases following it, municipalities are not subject to liability for Section 1983 claims under a theory of respondeat superior, but rather on the basis that their policies or customs inflicted the alleged injuries. Thus, in order to hold a municipality liable under Section 1983 for the unconstitutional actions of its employees, a plaintiff is required to plead and prove three elements: (i) the existence of an official policy or custom that (ii) causes the plaintiff to be subjected to (iii) a denial of a constitutional right. Torcivia v. Suffolk Cnty., New York, 17 F.4th 342, 354-55 (2d Cir. 2021). The plaintiff may show the existence of such a policy or custom by identifying any of the following: (i) an express policy or custom; (ii) an authorization of a policymaker of the unconstitutional practice; (iii) failure of the municipality to train its employees, which failure exhibits a “deliberate indifference” to the rights of its citizens; or (iv) a practice of the municipal employees that is “so permanent and well settled as to imply the constructive acquiescence of senior policymaking officials.” Corley v. Vance, 365 F. Supp. 3d 407, 438 (S.D.N.Y. 2019), aff’d sub nom. Corley v. Wittner, 811 F. App’x 62 (2d Cir. 2020) (summary order). 3 will replace, not supplement, the original complaint. An amended complaint form that Plaintiff should complete is attached to this Order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and,

if necessary, issue an order asking the newly identified defendants to waive service. C. Referral to SDNY Federal Pro Se Legal Assistance Project Plaintiff may seek legal advice and assistance from the City Bar Justice Center (“CBJC”), which operates the SDNY Federal Pro Se Legal Assistance Project to assist self-represented parties with civil cases in this court. Attached to this Order are an informational flyer regarding their services and a retainer form for incarcerated individuals. Plaintiff is advised that the CBJC is a private organization that is not part of the Court, and it cannot accept filings on behalf

of the Court. CONCLUSION The Court directs the Clerk of Court to amend the caption of this action to add as Defendants “John and Jane Doe Correction Officers 1-5.” See Fed. R. Civ. P. 21.

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Related

Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Torcivia v. Suffolk County, New York
17 F.4th 342 (Second Circuit, 2021)
Corley v. Vance
365 F. Supp. 3d 407 (S.D. Illinois, 2019)

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Bluebook (online)
Shantik Smith v. City of New York, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shantik-smith-v-city-of-new-york-nysd-2025.