Bey v. Westchester County Police Headquaters

Background

Zaryub Musa Tariff Bey and Diane Burchette Bey brought this action under 42 U.S.C. § 1983, a federal law allowing claims against people who violate constitutional rights while acting under state law. The plaintiffs are representing themselves. The court previously allowed them to proceed without prepaying filing fees, dismissed their claim against Westchester County Police Headquarters, directed service on Westchester County and Officer Robert L. Camaj, and ordered information about unidentified officers whom the plaintiffs wanted to sue.

Westchester County’s counsel identified four potential additional defendants: Sgt. Niall J. Nerney, Police Officer Brandon A. Day, Police Officer Trevor J. Gonzalez, and Police Officer Richard L. Peluso. The plaintiffs then filed an amended complaint naming those officers and additional defendants, including County Executive Kenneth Jenkins, attorneys John M. Nonna and Sean T. Carey, and an unnamed tow-truck driver associated with County Auto & Commercial Towing Mechanical & Auto Body Repairs.

Dismissed Claims

The court dismissed the claims against Jenkins, Nonna, and Carey because the amended complaint did not allege facts showing that they were personally involved in any constitutional violation. Personal involvement means that a defendant’s own actions must have caused or participated in the alleged constitutional deprivation.

The court also dismissed the claim against the John Doe Tow Truck Driver. It found that the amended complaint did not plausibly allege either a constitutional violation by the driver or that the driver was acting under color of state law. The court explained that a towing company could potentially be treated as a state actor if it had a contract with a municipality, but the amended complaint did not allege such a contract, and any contract would not necessarily be with the individual driver. The court stated that the plaintiffs may seek to amend if they obtain a basis for a claim against the driver or the towing company.

Service on Four Officers

The court found that the plaintiffs alleged enough facts for the amended complaint to be served on Nerney, Day, Gonzalez, and Peluso. Because the plaintiffs were allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare service forms and summonses and provide the necessary paperwork to the U.S. Marshals Service.

The court extended the time for service to 90 days after the summonses are issued. It stated that the plaintiffs should request an extension if service is not completed within that period. The plaintiffs must also notify the court in writing if their address changes, and the court stated that the action may be dismissed if they fail to do so.

Disposition

Judge Cathy Seibel dismissed the claims against John M. Nonna, Sean T. Carey, Kenneth Jenkins, and the John Doe Tow Truck Driver. The court directed service on Sgt. Niall J. Nerney and Officers Day, Gonzalez, and Peluso and instructed the Clerk to issue the summonses and complete the service forms. The order does not state a disposition of the claims against Westchester County or Officer Robert L. Camaj.