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MADRID v. NEW YORK CITY POLICE DEPT

United States District Court, S.D. New York


February 4, 2004.

MANUEL MADRID, Plaintiff -against- NEW YORK CITY POLICE DEPT 103rd PRECINCT, et al., Defendants

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Plaintiff, an inmate proceeding pro se, brings this action against New York City Police Department 103rd Precinct and a number of "Doe" defendants.

Neither the New York City Police Department nor its 103rd Precinct is a legal entity capable of being sued. Any remedy plaintiff may have against a related entity would be against the City of New York. E.g., Bailey v. New York City Police Department, 910 F. Supp. 116, 116-17 (E.D.N.Y. 1996); Campbell v. Department of Correction, No. 95 Civ. 3242 (MBM), 1996 WL 78869 (S.D.N.Y. Feb. 26, 1996).

  Accordingly, plaintiff shall show cause, on or before February 27, 2004, why the action should not be dismissed against New York City Police Department 103rd Precinct. Plaintiff is encouraged to communicate with the Court's Pro Se Office should he have any questions.

  SO ORDERED.

20040204

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