Scales v. New York Police Department

Background

William Scales, who is representing himself, brought an excessive-force claim under the court’s federal-question jurisdiction. He alleged that unidentified police officers from the 23rd precinct used excessive force while arresting him on August 21, 2023. Chief Judge Swain had previously allowed Scales to proceed without prepaying filing fees.

Because Scales was proceeding without prepaying fees, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). That statute requires dismissal of a qualifying complaint or claim that is frivolous, malicious, fails to state a legally sufficient claim, or seeks money from a defendant immune from such relief. The court also noted that it must dismiss a case when it lacks subject-matter jurisdiction and that it must read a self-represented litigant’s allegations liberally.

Rulings

The court dismissed Scales’s claims against the New York City Police Department. It relied on New York City law providing that a city agency generally is not an entity that can be sued.

The court also directed the Clerk of Court to add “John Doe Police Officers, 23rd precinct” as defendants under Rule 21 of the Federal Rules of Civil Procedure. The court stated that this amendment was without prejudice to defenses the officers might raise after they were identified.

The court ordered the New York City Law Department, identified in the opinion as the NYPD’s attorney and agent, to determine the identity, badge number, and service address of each John Doe officer. The Law Department must provide that information to Scales and the court within 60 days of the order. Within 30 days after receiving the information, Scales must file a second amended complaint naming the officers. That complaint will replace, rather than supplement, the first amended complaint, and the court will screen it after filing.