Bey v. Westchester County Police Headquaters

Background

Zaryub Musa Tariff Bey and Diane Burchette Bey, who were proceeding without lawyers, brought an action under 42 U.S.C. § 1983 alleging that the defendants violated their federal constitutional rights. The court had granted their request to proceed without prepaying filing fees. The complaint concerned an arrest on November 23, 2024, and named the Westchester County Police Headquarters, Officer Camad (or Camal), Badge #1145, and unnamed officers.

Ruling on the Police Headquarters

The court dismissed the plaintiffs’ claims against the “Westchester County Police Headquarters” under the federal screening statute for fee-waived cases. It explained that, under New York law, a municipal department or agency does not have a separate legal identity and cannot be sued. Because the plaintiffs likely intended to sue Westchester County, the court construed the complaint as asserting claims against the county and directed the clerk to replace the police headquarters with Westchester County under Federal Rule of Civil Procedure 21. The court stated that this amendment was without prejudice to defenses Westchester County might assert.

Service of the Complaint

Because the plaintiffs were allowed to proceed without prepaying fees, the court directed the clerk to issue summonses and provide the necessary paperwork to the U.S. Marshals Service for service on Westchester County and Officer Camad (or Camal), Badge #1145. The court stated that service must occur within 90 days after the summonses are issued, unless the plaintiffs request an extension. It also instructed the plaintiffs to notify the court in writing of any address change.

Unnamed Officers

The court treated the reference to “other’s who did fail to ID whom they are” as an attempt to sue unnamed officers who participated in the arrest. Under a procedure allowing a self-represented plaintiff to obtain help identifying an unknown defendant, the court ordered the Westchester County Attorney to determine the identities, badge numbers, and service addresses of those officers. The County Attorney must provide that information to the plaintiffs and the court within 60 days of the order. The plaintiffs must then file an amended complaint naming the officers within 30 days after receiving the information. That amended complaint will replace, rather than supplement, the original complaint, and the court will screen it before directing any further service.

Disposition

Judge Cathy Seibel ordered the claims against Westchester County Police Headquarters dismissed, directed the clerk to terminate that entity and add Westchester County as a defendant, and ordered preparation for service on the county and Officer Camad (or Camal). The court also ordered the identification process for the unnamed officers and directed the plaintiffs to file an amended complaint. It certified that an appeal would not be taken in good faith and denied the plaintiffs permission to proceed without prepaying fees for an appeal.