Robinson v. City of Yonkers Police Department

Background

Quamaine Dawson Robinson, who is incarcerated at Washington Correctional Facility and is representing himself, brought an action under 42 U.S.C. § 1983 and state law. The court had previously allowed him to proceed without prepaying filing fees and had issued an order concerning service. Robinson later received permission to file a second amended complaint, which he filed on June 7, 2023.

Screening and Defendant Substitution

The court explained that federal law requires screening of complaints filed by prisoners seeking relief from governmental entities or their officers or employees. The court must dismiss claims that are frivolous, malicious, legally insufficient, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

The court dismissed Robinson’s claims against the Yonkers Police Department because, under New York law, municipal departments and agencies generally do not have a separate legal identity and cannot be sued. In light of Robinson’s self-represented status and apparent intent to sue the City of Yonkers, the court construed the complaint as asserting claims against the City and directed the Clerk of Court to replace the department with the City in the caption. The court stated that this amendment was without prejudice to defenses the City might later assert.

Service

Because Robinson had been allowed to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summonses were issued. It directed the Clerk of Court to prepare service forms and provide the Marshals Service with the documents needed to serve the City of Yonkers, Police Commissioner John Mueller, and Police Officers Michael Cox and Ian Gallagher.

The court also directed the Marshals Service to disregard an earlier service instruction concerning the amended complaint because the second amended complaint was now the operative complaint. Robinson was required to notify the court in writing if his address changed.

Other Orders and Disposition

The court dismissed the claims against the Yonkers Police Department, directed that the City of Yonkers be added as a defendant, and ordered the steps needed for service on the City and the three individual defendants. The court also informed Robinson about limited-scope assistance available from the New York Legal Assistance Group’s clinic for self-represented civil litigants. Finally, it certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Judge Nelson S. Roman signed the order on June 16, 2023.