Calhoun v. Yonkers Police Department

Background

Letroy Calhoun, who was proceeding without a lawyer, brought claims for alleged federal constitutional violations and comparable state-law claims, seeking damages. The court understood the complaint to assert claims under 42 U.S.C. § 1983, a federal law allowing certain claims against state or local actors, as well as state-law claims. Calhoun sued the Yonkers Police Department (YPD), the County of Westchester, and multiple unidentified YPD members, including John Doe defendants. The opinion states that Calhoun was being held at the Westchester County Jail.

The court had previously allowed Calhoun to proceed without prepaying filing fees. Because he was a prisoner seeking relief against governmental entities or employees, the court screened the complaint under the Prison Litigation Reform Act. At this stage, the court had to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought relief from an immune defendant, or fell outside the court’s jurisdiction. The court also applied the requirement that a complaint provide enough factual detail to make liability plausible.

Rulings

The court dismissed Calhoun’s claims against the YPD. It held that the YPD, as an agency of the City of Yonkers, was not a suable entity under the applicable law. The court therefore dismissed those claims under 28 U.S.C. § 1915(e)(2)(B)(ii).

The court terminated the County of Westchester as a defendant under Rule 21 of the Federal Rules of Civil Procedure. The complaint alleged that unidentified defendants took Calhoun to the Westchester County Jail after arresting him and that he was being held there, but it alleged nothing else about the county. The termination was without prejudice to Calhoun filing an amended complaint that names the county again and alleges facts explaining how the county injured him in connection with the incident.

The court added the City of Yonkers as a defendant under Rule 21. Although Calhoun named the YPD rather than the city, the court concluded that his allegations and his self-represented status indicated that he intended to sue the City of Yonkers. The addition was without prejudice to any defenses the city may assert.

Service and unidentified defendants

Because Calhoun was allowed to proceed without prepaying fees, the court directed the United States Marshals Service to serve the City of Yonkers. The clerk was ordered to issue a summons, prepare the required service form, and provide the necessary papers to the Marshals Service. Service must occur within 90 days after the summons is issued, unless Calhoun requests an extension.

The court also ordered the Corporation Counsel of the City of Yonkers to determine the full identities, badge numbers, and service addresses of the unidentified YPD members who, on or about May 13, 2025, allegedly entered the apartment at 564 South Broadway in Yonkers, arrested Calhoun there, and/or escorted him to the Westchester County Jail. The Corporation Counsel must provide that information to Calhoun and the court within 60 days of the order. Within 30 days after receiving it, Calhoun must file an amended complaint naming the identified individuals and providing their badge numbers and service addresses. The amended complaint will replace, rather than supplement, the original complaint, and the court will screen it before deciding whether to order service.

Other disposition

The court certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The opinion does not decide whether Calhoun can ultimately prove his constitutional or state-law claims.