Louis Neptune v., 21-1278

Louis Neptune, pro se and in forma pauperis, filed a petition for a writ of mandamus asking this Court to direct the Chief of Police of East Orange, NJ, to instruct detectives to take a police report about alleged food tampering.
Neptune previously filed a civil-rights suit alleging a 2016 "fake arrest"; that suit was dismissed and his appeal remains pending in this Court.
Neptune alleges he ordered takeout (oxtail) and later found a long bandaid gauze in the food; he says he emailed Chief Phyllis Bindi and received no response.
He alleges a conspiracy involving the East Orange Police Chief, New Jersey Attorney General Gurbir Grewal, and former Middlesex County Prosecutor Andrew Carey to discredit him and tamper with his food.
Neptune requests the court to order Chief Bindi and AG Grewal to file a police report against the unnamed restaurant employee.
The district court record shows Neptune did not describe other steps (e.g., health department complaint) he took to address the alleged sanitation issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether this Court should issue a writ of mandamus directing local police to investigate and file a report for alleged food tampering	Neptune: he emailed the police chief about the bandaid-in-food incident and needs a court order to force a report and investigation	Respondents: mandamus is extraordinary; Neptune has not exhausted or shown absence of other remedies; no clear right; federal intrusion into state/local policing	Denied. Neptune failed to show (1) no other adequate means, (2) a clear and indisputable right, and (3) that issuance would be appropriate given federalism/separation-of-powers concerns

In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372 (3d Cir. 2005) (mandamus is a drastic, extraordinary remedy)
Hollingsworth v. Perry, 558 U.S. 183 (2010) (articulates mandamus requirements: no other adequate means, clear and indisputable right, appropriateness)
Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367 (2004) (mandamus standards and separation-of-powers concerns)
Rizzo v. Goode, 423 U.S. 362 (1976) (federal-court intervention in daily police operations is generally undesirable)
Lewis v. Hyland, 554 F.2d 93 (3d Cir. 1977) (caution re federal intrusion into local policing)