Hughes v. City of Port Jervis
- Cathy Seibel
- 7:22-cv-00600
- U.S. District Court · Southern District of New York
- 11
In Hughes v. City of Port Jervis, Judge Seibel dismissed the police department as a defendant, substituted the city, and ordered service and identification of officers.
Jeremy Hughes, the City of Port Jervis, and the five unidentified John Doe police officers. The order also directs actions by the Clerk of Court, the U.S. Marshals Service, and the City Attorney.
What happened
Jeremy Hughes, who is representing himself, sued the Port Jervis Police Department for alleged civil-rights violations. He says unidentified department members executed a warrant at his home on October 15, 2020, and falsely arrested him. The court had allowed him to proceed without paying filing fees in advance.
The court ruled that the police department could not be sued separately under New York law. Because Hughes intended to sue the City of Port Jervis, the court directed the Clerk to substitute the city as the defendant. The court also added five unidentified police officers as defendants and ordered the City Attorney to help identify them.
Judge Seibel dismissed the claims against the police department, directed the U.S. Marshals Service to serve the city, and extended the service deadline to 90 days after the summons is issued. The City Attorney must provide identifying information within 60 days, and Hughes must file an amended complaint naming the officers within 30 days after receiving that information.
The detailed version
- Hughes v. City of Port Jervis · No. 7:22-cv-00600
- Cathy Seibel
- Jan. 27, 2022
Background
Jeremy Hughes, proceeding without a lawyer, brought a civil-rights action against the Port Jervis Police Department. The opinion states that Hughes alleged that unnamed and unidentified members of the department executed a warrant at his home on October 15, 2020, and falsely arrested him. The court had previously granted Hughes permission to proceed without paying filing fees in advance.
Police Department Defendant
The court held that the Port Jervis Police Department could not be sued as a separate entity because, under New York law, municipal departments lack the legal capacity to be sued. The court therefore dismissed Hughes’s claims against the Port Jervis Police Department under 28 U.S.C. § 1915(e)(2)(B)(ii). The opinion does not state that this dismissal was with or without prejudice.
Because Hughes clearly intended to bring claims against the City of Port Jervis, the court construed the complaint as asserting claims against the city. It directed the Clerk of Court to replace the police department with the City of Port Jervis as a defendant. The court stated that this amendment was without prejudice to defenses the city might later assert.
Service on the City
Because Hughes was allowed to proceed without prepaying fees, the court directed the Clerk to issue a summons, complete a U.S. Marshals Service process form with the city’s address, and deliver the necessary papers to the Marshals Service for service. The court extended the time for service to 90 days after the summons is issued. It also stated that Hughes should request an extension if service is not completed within that period.
Unidentified Officers
The court added “John Doe Police Officers 1-5” as defendants. It directed the City Attorney for the City of Port Jervis to determine the identities, badge numbers, and service addresses of the officers involved in Hughes’s October 15, 2020 arrest. The City Attorney must provide that information to Hughes and the court within 60 days of the order.
Hughes must file an amended complaint naming the officers within 30 days after receiving the identifying information. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, direct the Clerk to prepare service documents for the newly identified defendants.
Other Directions and Disposition
The court directed Hughes to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so. The order did not decide whether Hughes’s allegations ultimately establish a civil-rights violation or whether the city or officers have other defenses. Judge Seibel dismissed the claims against the Port Jervis Police Department, substituted the City of Port Jervis as a defendant, added John Doe Police Officers 1-5, and directed steps for service and identification.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.