Stover v. Target Corporation

Background

Virginia Stover, who was representing herself, originally filed the action in New York state court. She named Target Corporation and the “New York Police Department” as defendants. The court understood the latter reference to mean the New York City Police Department. Target removed the case to the U.S. District Court for the Southern District of New York.

Claims Against the NYPD

The court held that a New York City agency is not an entity that can be sued separately. It therefore dismissed Stover’s claims against the NYPD. Because Stover was representing herself and clearly intended to assert claims against New York City, the court construed the complaint as asserting claims against the City of New York and directed the clerk to amend the case caption to add the City as a defendant under Federal Rule of Civil Procedure 21. The court stated that this amendment was without prejudice to any defenses the City might assert.

Service of Process and Disposition

The court directed the clerk to issue a summons for the City of New York. Stover was required to serve the summons and complaint on the City within 90 days after the summons was issued. If she did not serve the City or request an extension within that period, the court stated that it might dismiss the claims against the City under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. Judge John G. Koeltl ordered the NYPD claims dismissed, directed that the City be added as a defendant, and directed issuance of the summons.