Robinson v. City of Yonkers Police Department
- Andrew Krause
- 7:22-cv-03333
- U.S. District Court · Southern District of New York
- 11
In Robinson v. City of Yonkers Police Department, Judge Roman dismissed claims against the department, substituted the City, and ordered service on defendants.
The order dismissed claims against the Yonkers Police Department as a separate defendant, substituted the City of Yonkers, and set up service through the U.S. Marshals Service for the City, News 12, and the named police officers. It did not resolve the underlying claims against the remaining defendants.
What happened
Robinson v. City of Yonkers Police Department is a self-represented prisoner’s case under a federal civil-rights law and state law. The plaintiff named the Yonkers Police Department, the City of Yonkers, police officers, and News 12 as defendants.
The court screened the complaint as required for prisoner cases. It had previously allowed the plaintiff to proceed without paying filing fees upfront, and it arranged for the U.S. Marshals Service to serve the defendants.
Judge Nelson S. Roman dismissed the claims against the Yonkers Police Department because New York law does not allow the department to be sued as a separate entity, directed the Clerk to substitute the City of Yonkers, and ordered the paperwork needed for service on the named defendants.
The detailed version
- Robinson v. City of Yonkers Police Department · No. 7:22-cv-03333
- Andrew Krause
- May 1, 2023
Background
Quamaine Dawson Robinson, who the opinion says was incarcerated at Washington Correctional Facility, filed a self-represented action under 42 U.S.C. § 1983 and state law. The defendants named in the caption were the City of Yonkers Police Department; Michael Cox; Ian Gallagher; Thomas Dylan; John Wilt; Lamont Brown; Jessica Day; Christopher Cooney; Edward Byrne, Jr.; Adam Sousa; Brendan S. Mulroy; and News 12 Staff.
The court had previously granted Robinson permission to proceed without prepaying filing fees. The Prison Litigation Reform Act required the court to screen the complaint because Robinson was a prisoner seeking relief against governmental entities or their employees. At this stage, the court also considered whether any defendant could be sued and how service should occur.
Rulings
The court dismissed Robinson’s claims against the City of Yonkers Police Department because, under New York law, municipal departments and agencies lack the legal capacity to be sued separately from the municipality. Because the court viewed the complaint as intending to assert claims against the City of Yonkers, it directed the Clerk of Court to amend the caption and replace the Police Department with the City. The court stated that this amendment was without prejudice to defenses the City might later assert.
Because Robinson was proceeding without prepaying filing fees, the court ordered the Clerk and the U.S. Marshals Service to handle service on the City of Yonkers, News 12, and the named police officers. It extended the service deadline to 90 days after the summons was issued. The court also directed Robinson to notify the court of any address change and stated that the action could be dismissed if Robinson failed to do so.
The court provided information about the New York Legal Assistance Group clinic for people representing themselves in civil cases. It certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide whether Robinson’s underlying federal or state-law claims were valid.
Read the full 11-page opinion on CourtListener, the free public archive maintained by the Free Law Project.