Abdullah v. Sergeant Seyed N. Huda

Background

Abdul H. Abdullah, who is representing himself, brought this action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state or local officials. He alleges that the defendants falsely imprisoned him. Chief Judge Laura Taylor Swain had granted Abdullah permission to proceed without prepaying court fees.

Rulings on the Defendants

The court dismissed the claims against the 28th Precinct because the precinct lacks the capacity to be sued. The court also stated that treating the claims as claims against the New York City Police Department would not change the result because the Police Department likewise cannot be sued under the New York City Charter.

Because Abdullah clearly intended to assert claims against the City of New York, the court ordered the clerk to replace the 28th Precinct with the City as a defendant under Federal Rule of Civil Procedure 21. The order states that this amendment is without prejudice to any defenses the City may assert.

Service of Process

Because Abdullah was allowed to proceed without prepaying fees, the court directed the clerk to prepare summonses and U.S. Marshals Service forms for the City of New York, Sergeant Seyed N. Huda, and Officer Carlos M. Gracia. The Marshals Service is to receive the necessary paperwork and serve those defendants. The court extended the service period to 90 days after the summonses are issued. Abdullah must notify the court in writing if his address changes.

Appeal Fee Status

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Disposition

The order dismisses the claims against the 28th Precinct, adds the City of New York as a defendant, and directs service on the City, Sergeant Huda, and Officer Gracia.