Besuden v. City Of New York
- Lewis Kaplan
- 1:21-cv-08452
- U.S. District Court · Southern District of New York
- 1
In Besuden v. City Of New York, Judge Kaplan dismissed the action against the New York City Police Department because it is not a suable entity.
The plaintiff's claims against the New York City Police Department were dismissed; the order does not state that claims against other defendants were dismissed.
What happened
In Besuden v. City Of New York, Nicolle Besuden brought an action against the City of New York and other defendants. The opinion does not describe the underlying claims.
The court dismissed the action only to the extent it was brought against the New York City Police Department, ruling that the department is not a suable entity. The order does not state that the claims against any other defendant were dismissed.
Judge Lewis A. Kaplan issued the order on October 14, 2021. The order cites Second Circuit decisions supporting its conclusion about the Police Department's legal status.
The detailed version
- Besuden v. City Of New York · No. 1:21-cv-08452
- Lewis Kaplan
- Oct. 14, 2021
Background
The caption identifies Nicolle Besuden as the plaintiff and the City of New York and other defendants. The opinion does not explain the claims or the events underlying the lawsuit.
Ruling
The court dismissed the action insofar as it was brought against the New York City Police Department. It held that the Police Department is not a suable entity, meaning the department cannot itself be sued in this action. The court cited Longe v. City of New York and Jenkins v. City of New York in support of that conclusion.
The order does not state that the entire action was dismissed or describe the status of claims against other defendants. It simply dismisses the action to the extent it is brought against the Police Department.
Disposition
The action was dismissed as against the New York City Police Department. The order was signed by Judge Lewis A. Kaplan and dated October 14, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.