Bey et al v. Westchester County Police Headquaters et al
Filing
7
ORDER OF SERVICE: The Court dismisses Plaintiffs' claims against Westchester County Police Headquarters. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is directed to add Westchester County as a Defendant under Fed. R. Civ. P. 21 , and to terminate Westchester County Police Headquarters. The Clerk of Court is further directed to issue summonses for Westchester County and Westchester County Police Officer Camad (or Camal), Badge #1145; complete the USM-285 form with the addr ess for each defendant; and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is also directed to mail a copy of this order and the complaint to the Westchester County Attoney's Office at: 148 M artine Avenue, White Plains, New York 10601. An amended complaint form is attached to this order. The Clerk of Court is directed to mail an information package to Plaintiffs. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal fro m this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Westchester County added. Westchester County Police Headquaters terminated. (Signed by Judge Cathy Seibel on 1/27/2025) (mml) Transmission to Pro Se Assistants for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ZARYUB MUSA TARIFF BEY; DIANE
BURCHETTE BEY,
Plaintiffs,
-against-
24-CV-9098 (CS)
WESTCHESTER COUNTY POLICE
HEADQUARTERS; AGENT OR COP R.
CAMAD BG# 1145; OTHER’S WHO DID
FAIL TO ID WHOM THEY ARE?,
ORDER OF SERVICE
Defendants.
CATHY SEIBEL, United States District Judge:
Plaintiffs, who are appearing pro se, bring this action under 42 U.S.C. § 1983, alleging
that Defendants violated their federal constitutional rights. By order dated January 27, 2025, the
court granted Plaintiffs’ request to proceed in forma pauperis (“IFP”), that is, without
prepayment of fees.
STANDARD OF REVIEW
The Court must dismiss an IFP complaint, or portion thereof, that is frivolous or
malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from
a defendant who is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b); see Abbas
v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007). The Court must also dismiss a complaint when the
Court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). While the law mandates
dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally,
Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims]
that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006)
(internal quotation marks and citations omitted) (emphasis in original).
DISCUSSION
A.
Westchester County Police Headquarters
Plaintiffs’ claims against the “Westchester County Police Headquarters” must be
dismissed because city agencies or departments do not have the capacity to be sued under New
York law. See Omnipoint Commc’ns, Inc. v. Town of LaGrange, 658 F. Supp. 2d 539, 552
(S.D.N.Y. 2009) (“In New York, agencies of a municipality are not suable entities.”); Hall v. City
of White Plains, 185 F. Supp. 2d 293, 303 (S.D.N.Y. 2002) (“Under New York law, departments
which are merely administrative arms of a municipality do not have a legal identity separate and
apart from the municipality and cannot sue or be sued.”); see also N.Y. Gen. Mun. Law § 2 (“The
term ‘municipal corporation,’ as used in this chapter, includes only a county, town, city and
village.”).
In light of Plaintiffs’ pro se status and likely intention to assert claims against Westchester
County, the Court construes the complaint as asserting claims against Westchester County, and
directs the Clerk of Court to amend the caption of this action to replace the Westchester County
Police Headquarters with Westchester County. See Fed. R. Civ. P. 21. This amendment is without
prejudice to any defenses Westchester County may wish to assert.
B.
Order of Service
Because Plaintiffs have been granted permission to proceed IFP, they are entitled to rely
on the Court and the U.S. Marshals Service to effect service. 1 Walker v. Schult, 717 F.3d. 119,
123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and
1
Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a
summons be served within 90 days of the date the complaint is filed, Plaintiffs are proceeding
IFP and could not have effected service until the Court reviewed the complaint and ordered that
any summonses be issued. The Court therefore extends the time to serve until 90 days after the
date any summonses issue.
2
serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals
Service to serve if the plaintiff is authorized to proceed IFP).
To allow Plaintiffs to effect service on Defendants Westchester County and Westchester
County Police Officer Camad (or Camal), Badge #1145, through the U.S. Marshals Service, the
Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form
(“USM-285 form”) for these defendants. The Clerk of Court is further instructed to issue
summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals
Service to effect service upon these defendants.
If the complaint is not served within 90 days after the date summonses are issued,
Plaintiffs should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63
(2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for
service).
Plaintiffs must notify the Court in writing if their addresses changes, and the Court may
dismiss the action if Plaintiffs fail to do so.
C.
Valentin Order
The Court construes Plaintiffs’ naming as defendants “other’s who did fail to ID whom
they are,” as an attempt to sue, as John Doe defendants, the other Westchester County police
officers who participated in the November 23, 2024 arrest. 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, Plaintiffs supply sufficient information to permit Westchester
County to identify the Westchester County police officers who participated in their November
23, 2024 arrest. It is therefore ordered that the Westchester County Attorney, who is the attorney
for and agent of Westchester County, must ascertain the identity and badge number of each John
Doe whom Plaintiffs seek to sue here and the address where the defendant may be served. The
3
Westchester County Attorney must provide this information to Plaintiffs and the Court within
sixty days of the date of this order.
Within thirty days of receiving this information, Plaintiffs must file an amended
complaint naming the John Doe defendants. The amended complaint will replace, not
supplement, the original complaint. An amended complaint form that Plaintiffs should complete
is attached to this order. Once Plaintiffs have filed an amended complaint, the Court will screen
the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete
the USM-285 forms with the addresses for the named John Doe Defendants and deliver all
documents necessary to effect service to the U.S. Marshals Service.
CONCLUSION
The Court dismisses Plaintiffs’ claims against Westchester County Police Headquarters.
See 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is directed to add Westchester County as a
Defendant under Fed. R. Civ. P. 21, and to terminate Westchester County Police Headquarters.
The Clerk of Court is further directed to issue summonses for Westchester County and
Westchester County Police Officer Camad (or Camal), Badge #1145; complete the USM-285
form with the address for each defendant; and deliver all documents necessary to effect service to
the U.S. Marshals Service.
The Clerk of Court is also directed to mail a copy of this order and the complaint to the
Westchester County Attoney’s Office at: 148 Martine Avenue, White Plains, New York 10601.
An amended complaint form is attached to this order.
The Clerk of Court is directed to mail an information package to Plaintiffs.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf.
4
Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates
good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.
Dated:
January 27, 2024
XXX 2025
White Plains, New York
CATHY SEIBEL
United States District Judge
5
SERVICE ADDRESS FOR EACH DEFENDANT
Westchester County
Westchester County Attorney’s Office
148 Martine Avenue
White Plains, NY 10601
Officer Camad (or Camal), Badge #1145
Westchester County Police Department
1 Saw Mill River Parkway
Hawthorne, NY 10532
U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK
_____CV_______________
Write the full name of each plaintiff.
(Include case number if one has been
assigned)
AMENDED
-against-
COMPLAINT
Do you want a jury trial?
? Yes
? No
Write the full name of each defendant. If you need more
space, please write “see attached” in the space above and
attach an additional sheet of paper with the full list of
names. The names listed above must be identical to those
contained in Section II.
NOTICE
The public can access electronic court files. For privacy and security reasons, papers filed
with the court should therefore not contain: an individual’s full social security number or full
birth date; the full name of a person known to be a minor; or a complete financial account
number. A filing may include only: the last four digits of a social security number; the year of
an individual’s birth; a minor’s initials; and the last four digits of a financial account number.
See Federal Rule of Civil Procedure 5.2.
Rev. 1/9/17
I.
BASIS FOR JURISDICTION
Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of
cases can be heard in federal court: cases involving a federal question and cases involving
diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United
States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332,
a case in which a citizen of one State sues a citizen of another State or nation, and the amount
in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may
be a citizen of the same State as any plaintiff.
What is the basis for federal-court jurisdiction in your case?
? Federal Question
? Diversity of Citizenship
A. If you checked Federal Question
Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship
1. Citizenship of the parties
Of what State is each party a citizen?
The plaintiff ,
, is a citizen of the State of
(Plaintiff’s name)
(State in which the person resides and intends to remain.)
or, if not lawfully admitted for permanent residence in the United States, a citizen or
subject of the foreign state of
.
If more than one plaintiff is named in the complaint, attach additional pages providing
information for each additional plaintiff.
Page 2
If the defendant is an individual:
The defendant,
, is a citizen of the State of
(Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or
subject of the foreign state of
.
If the defendant is a corporation:
The defendant,
, is incorporated under the laws of
the State of
and has its principal place of business in the State of
or is incorporated under the laws of (foreign state)
and has its principal place of business in
.
If more than one defendant is named in the complaint, attach additional pages providing
information for each additional defendant.
II. PARTIES
A. Plaintiff Information
Provide the following information for each plaintiff named in the complaint. Attach additional
pages if needed.
First Name
Middle Initial
Last Name
Street Address
County, City
State
Telephone Number
Email Address (if available)
Zip Code
Page 3
B. Defendant Information
To the best of your ability, provide addresses where each defendant may be served. If the
correct information is not provided, it could delay or prevent service of the complaint on the
defendant. Make sure that the defendants listed below are the same as those listed in the
caption. Attach additional pages if needed.
Defendant 1:
First Name
Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City
State
First Name
Last Name
Zip Code
Defendant 2:
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City
State
First Name
Last Name
Zip Code
Defendant 3:
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City
State
Zip Code
Page 4
Defendant 4:
First Name
Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City
State
Zip Code
III. STATEMENT OF CLAIM
Place(s) of occurrence:
Date(s) of occurrence:
FACTS:
State here briefly the FACTS that support your case. Describe what happened, how you were
harmed, and what each defendant personally did or failed to do that harmed you. Attach
additional pages if needed.
Page 5
INJURIES:
If you were injured as a result of these actions, describe your injuries and what medical
treatment, if any, you required and received.
IV. RELIEF
State briefly what money damages or other relief you want the court to order.
Page 6
V. PLAINTIFF’S CERTIFICATION AND WARNINGS
By signing below, I certify to the best of my knowledge, information, and belief that: (1) the
complaint is not being presented for an improper purpose (such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported
by existing law or by a nonfrivolous argument to change existing law; (3) the factual
contentions have evidentiary support or, if specifically so identified, will likely have
evidentiary support after a reasonable opportunity for further investigation or discovery;
and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil
Procedure 11.
I agree to notify the Clerk's Office in writing of any changes to my mailing address. I
understand that my failure to keep a current address on file with the Clerk's Office may
result in the dismissal of my case.
Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to
proceed without prepayment of fees, each plaintiff must also submit an IFP application.
Dated
Plaintiff’s Signature
First Name
Middle Initial
Last Name
Street Address
County, City
Telephone Number
State
Zip Code
Email Address (if available)
I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically:
? Yes
? No
If you do consent to receive documents electronically, submit the completed form with your
complaint. If you do not consent, please do not attach the form.
Page 7
United States District Court
Southern District of New York
Pro Se (Nonprisoner) Consent to Receive Documents Electronically
Parties who are not represented by an attorney and are not currently incarcerated may
choose to receive documents in their cases electronically (by e-mail) instead of by regular
mail. Receiving documents by regular mail is still an option, but if you would rather receive
them only electronically, you must do the following:
1. Sign up for a PACER login and password by contacting PACER 1 at
www.pacer.uscourts.gov or 1-800-676-6856;
2. Complete and sign this form.
If you consent to receive documents electronically, you will receive a Notice of Electronic
Filing by e-mail each time a document is filed in your case. After receiving the notice, you
are permitted one “free look” at the document by clicking on the hyperlinked document
number in the e-mail. 2 Once you click the hyperlink and access the document, you may not
be able to access the document for free again. After 15 days, the hyperlink will no longer
provide free access. Any time that the hyperlink is accessed after the first “free look” or the
15 days, you will be asked for a PACER login and may be charged to view the document. For
this reason, you should print or save the document during the “free look” to avoid future
charges.
IMPORTANT NOTICE
Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s
Electronic Case Filing Rules & Instructions, documents may be served by electronic means.
If you register for electronic service:
1. You will no longer receive documents in the mail;
2. If you do not view and download your documents during your “free look” and
within 15 days of when the court sends the e-mail notice, you will be charged for
looking at the documents;
3. This service does not allow you to electronically file your documents;
4. It will be your duty to regularly review the docket sheet of the case. 3
1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that
allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER
Case Locator over the internet.
2 You must review the Court’s actual order, decree, or judgment and not rely on the description in the email notice alone.
See ECF Rule 4.3
3 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of
electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s
Office at the Court.
500 PEARL STREET | NEW YORK, NY 10007
300 QUARROPAS STREET | WHITE PLAINS, NY 10601
PRO SE INTAKE UNIT: 212-805-0175
rev. 2/9/15
CONSENT TO ELECTRONIC SERVICE
I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I
affirm that:
1. I have regular access to my e-mail account and to the internet and will check regularly for
Notices of Electronic Filing;
2. I have established a PACER account;
3. I understand that electronic service is service under Rule 5 of the Federal Rules of Civil
Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper
copies of case filings, including motions, decisions, orders, and other documents;
4. I will promptly notify the Court if there is any change in my personal data, such as name,
address, or e-mail address, or if I wish to cancel this consent to electronic service;
5. I understand that I must regularly review the docket sheet of my case so that I do not miss a
filing; and
6. I understand that this consent applies only to the cases listed below and that if I file
additional cases in which I would like to receive electronic service of notices of documents, I
must file consent forms for those cases.
Civil case(s) filed in the Southern District of New York:
Note: This consent will apply to all cases that you have filed in this court, so please list all of
your pending and terminated cases. For each case, include the case name and docket number
(for example, John Doe v. New City, 10-CV-01234).
Name (Last, First, MI)
Address
City
State
Telephone Number
E-mail Address
Date
Signature
Return completed form to:
Pro Se Intake Unit (Room 200)
500 Pearl Street
New York, NY 10007
Zip Code
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