De'Bey v. The City of New York
- Paul Gardephe
- 1:22-cv-01580
- U.S. District Court · Southern District of New York
- 4
In De’Bey v. The City of New York, Judge Ramos dismissed the children’s claims without prejudice but ordered service and help identifying unknown defendants.
John De’Bey’s minor children’s claims were dismissed without prejudice. The claims against the named defendants were allowed to proceed to service, while the court ordered assistance in identifying the unnamed defendants. De’Bey was also denied fee-free appeal status for an appeal from this order.
What happened
In De’Bey v. The City of New York, John De’Bey, who was representing himself, sued the City of New York and other defendants and also tried to bring claims for his minor children.
The court dismissed without prejudice the claims brought on behalf of the children because a nonlawyer parent cannot represent a child in federal court. The court also directed the Clerk to issue summonses for the named defendants.
Judge Edgardo Ramos ordered the New York City Law Department to help identify the unnamed child-services and police defendants. De’Bey must serve the named defendants within 90 days, and the court denied fee-free appeal status for any appeal from the order.
The detailed version
- De'Bey v. The City of New York · No. 1:22-cv-01580
- Paul Gardephe
- Mar. 3, 2022
Background
John De’Bey filed the action on his own behalf and on behalf of his minor children. The opinion states that he paid the filing fees and was proceeding without a lawyer. The defendants named in the caption included the City of New York, several individuals, the New York Foundling, Metropolitan Health + Hospitals, and Officer Rodriguez. The complaint also described unnamed New York City Administration for Children’s Services workers and two unnamed New York City Police Department officers.
Claims on Behalf of the Children
The court ruled that De’Bey could not represent his minor children because he was not alleged to be an attorney. Federal law permits a person to represent himself or herself, but a nonlawyer parent generally cannot bring a federal case on behalf of a child. The court therefore dismissed without prejudice any claims De’Bey was asserting for his minor children.
Service on Named Defendants
The Clerk of Court was directed to issue summonses for the named defendants: City of New York; David Hansell; Emily Lovejoy; Jessica Thomas; Mubanga Nsofu; Conrad Sievwright; the New York Foundling; Metropolitan Health + Hospitals; Alison Baxter; Pamela Scheininger; Jessica Cabrera; and Officer Rodriguez. De’Bey was directed to serve each defendant within 90 days after the summonses were issued. The court stated that it may dismiss claims against defendants who are not served, or for whom no extension is requested, within that period under Rules 4 and 41 of the Federal Rules of Civil Procedure.
Assistance Identifying Unnamed Defendants
The court directed the New York City Law Department, as the attorney and agent for the Administration for Children’s Services and the Police Department, to determine the identities, badge numbers, and service addresses of the unnamed defendants described in the complaint. The Law Department must provide that information to De’Bey and the court within 60 days of the order. Within 30 days after receiving the information, De’Bey must file an amended complaint naming those defendants. The amended complaint will replace, rather than supplement, the original complaint.
Other Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free appeal status for that purpose. Judge Edgardo Ramos also directed the Clerk to mail the order and complaint to the New York City Law Department and to mail De’Bey a copy of the order and an information package.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.