Valentin v. Tarrytown Police Dept

Background

Mark Valentin, proceeding without a lawyer, sued the Tarrytown Police Department, an unidentified officer identified as “Badge #29,” and another unidentified officer identified as “Badge # N/A.” The opinion says that Valentin asserted federal constitutional claims and state-law claims seeking damages. The court construed the federal claims as arising under 42 U.S.C. § 1983, a statute allowing certain claims against state or local actors for violating federal rights.

The court had previously allowed Valentin to proceed without paying filing fees. That status allowed him to rely on the court and the United States Marshals Service to serve defendants.

Substitution of the Municipal Defendant

Using Rule 21 of the Federal Rules of Civil Procedure, which permits a court to add or remove parties, the court removed the Tarrytown Police Department from the case and added the Village of Tarrytown. The court concluded that Valentin intended to sue the Village but named the police department instead. The addition of the Village was without prejudice to any defenses the Village may raise.

Service and Identification of Defendants

The court directed the Clerk of Court to issue a summons for the Village, complete the required service form, and provide the necessary documents to the United States Marshals Service. The court also directed that a copy of the order and complaint be sent to the Village Attorney.

The opinion states that the complaint provided enough information for the Tarrytown Police Department to identify the unnamed defendants. The Village Attorney, acting as attorney and agent for the police department and the Village, must provide their identities, badge numbers, and service addresses to Valentin and the court within 60 days of the order. The unidentified individuals include the officer assigned badge number 29 on February 26, 2026, and any other police department member present or assisting with Valentin’s vehicle stop or arrest that day.

After receiving that information, Valentin must file an amended complaint naming the newly identified individuals within 30 days. The amended complaint will replace, rather than supplement, the original complaint. The court will then screen the amended complaint and may issue another order directing service.

Other Directions and Disposition

The court instructed Valentin to notify the court in writing of any address change and stated that the case may be dismissed if he fails to do so. It also postponed ruling on his application for a court-requested pro bono lawyer until after he files the amended complaint. The court directed the Clerk to provide information about the City Bar Justice Center’s project for people representing themselves in civil cases.

The court’s order removed the Tarrytown Police Department as a defendant, added the Village of Tarrytown as a defendant, and directed service and assistance in identifying the unnamed officers. It also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees. Judge Nelson S. Roman did not decide the underlying constitutional or state-law claims in this order.