Myers v. Yonkers Police Station Dept.

Background

Michelle M. Myers, who was being held at the Westchester County Jail, filed this lawsuit without a lawyer. She sought damages for alleged federal constitutional violations and other claims under state law. The court understood “Yonkers Police Station Dept.” to mean the Yonkers Police Department (YPD). The court also understood the complaint to assert claims under 42 U.S.C. § 1983, a federal law allowing certain claims against state or local officials, and comparable state-law claims.

The court had previously allowed Myers to proceed without paying the filing fee in advance. Because Myers was a prisoner seeking relief from a governmental entity, the court screened the complaint under the Prison Litigation Reform Act. That screening requires dismissal of claims that are frivolous, malicious, fail to state a legally sufficient claim, seek relief from an immune defendant, or fall outside the court’s jurisdiction.

Rulings concerning the YPD and City of Yonkers

The court dismissed Myers’s claims against the YPD. It ruled that the YPD is an agency of the City of Yonkers and is not a separate entity that can be sued under New York law. The court cited the statutory screening requirement for claims that fail to state a claim.

Although Myers did not name the City of Yonkers as a defendant, the court concluded that her decision to name the YPD appeared to show that she intended to sue the City. Under Rule 21 of the Federal Rules of Civil Procedure, the court added the City of Yonkers as a defendant. The court stated that this addition was without prejudice to defenses the City might later assert.

Service and unidentified officers

Because Myers was allowed to proceed without paying filing fees in advance, the court directed the Clerk of Court to issue a summons for the City of Yonkers and provide the necessary paperwork to the U.S. Marshals Service for service of the summons and complaint. The court stated that service must occur within 90 days after the summons is issued, unless Myers requests more time.

The court also understood Myers’s complaint to assert claims against unidentified YPD members who allegedly entered 564 South Broadway in Yonkers, New York, on or about May 12, 2025, and arrested her. The court directed the Corporation Counsel of the City of Yonkers to identify those individuals, including their full names, badge numbers, and service addresses, and provide that information to Myers and the court within 60 days.

Within 30 days after receiving the information, Myers 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. The court will screen the amended complaint and may later issue an order directing service on the newly identified defendants.

Disposition

The court dismissed Myers’s claims against “Yonkers Police Station Dept.” and added the City of Yonkers as a defendant under Rule 21. It also ordered steps to serve the City and identify the unnamed officers. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not decide whether Myers’s alleged arrest or other conduct violated the Constitution or state law.