Sulaymu-Bey v. City of N.Y.

10 Citing cases

  1. McClure v. Williams

    No. 23-CV-02415-RPK-JRC (E.D.N.Y. Aug. 26, 2024)

    But โ€œ[a] determination on the question of qualified immunity at this stage in the proceeding is premature.โ€ Sulaymu-Bey v. City of New York, No. 17-CV-3563, 2019 WL 1434597, at *12 (E.D.N.Y. Mar. 29, 2019); see also Hollenbeck, 330 F.Supp.2d at 335 (noting defendants' concession that โ€œit is an unusual case where the question of qualified immunity can be resolved on a motion to dismissโ€). Municipal Defendants cite only cases at the summary judgment stage in support of their position, and they ask the Court to rely on facts contained in the Neglect Petition.

  2. Porath v. City of New York

    Civil Action 22 Civ. 1302 (JPC) (SLC) (S.D.N.Y. Dec. 21, 2023)   Cited 2 times

    Mr. Porath's reliance on his own, isolated interactions do not plausibly allege that this Bellevue employee acted pursuant to a City custom or policy. See Yi Sun, 2020 WL 4530354, at *5 (granting motion dismiss pro se plaintiff's Monell claim based on โ€œisolated alleged misrepresentations byโ€ non-policymaking municipal employees); Sulaymu-Bey v. City of New York, No. 17 Civ. 3563 (AMD) (SJB), 2019 WL 1434597, at *11 (E.D.N.Y. Mar. 29, 2019) (dismissing Monell claim under Rule 12(c) where the pro se plaintiffs made only conclusory allegations that the City had โ€œcustoms and policies . . . of ignoring exculpatory evidence in its investigations and prosecutionsโ€); Treadwell v. Cnty. of Putnam, No. 14 Civ. 10137 (KMK), 2016 WL 1268279, at *4 (S.D.N.Y. Mar. 30, 2016) (dismissing Monell claim based on โ€œan isolated series of incidents between Plaintiff and [municipal] employees that was the cause of her alleged constitutional injuriesโ€).

  3. Meyers v. Becker

    1:23-CV-173 (DNH/CFH) (N.D.N.Y. May. 31, 2023)

    Wright v. Szczur, No. 11-CV-140, 2012 WL 268283, at *7 (W.D.N.Y. Jan. 30, 2012) (concluding that โ€œdismissal is unwarrantedโ€ where the plaintiffs โ€œalleged the warrant application was procured through perjured testimony[,]โ€ but dismissing the complaint against the Erie County Department of Social Services and Child Protection Services for failure to allege a policy or custom); Sulaymu-Bey v. City of New York, No. 17-CV-3563 (AMD/SJB), 2019 WL 1434597, at 1 *5 (E.D.N.Y. Mar. 29, 2019) (allowing procedural due claim to procedure where the plaintiffs alleged that their children were removed without prior court authorization or parental consent and there was no emergency warranting the removal).

  4. De'Bey v. City of New York

    20 Civ. 1034 (PGG) (SLC) (S.D.N.Y. Mar. 29, 2022)   Cited 4 times

    De'Bey's โ€œattempts to plead Monell liability under a failure-to-train theory are also unavailing, โ€ because โ€œ[t]his allegation is conclusory and relates to a single incident of allegedly unconstitutional conduct, and thus is โ€˜not sufficient to support a claim for municipal liability.'โ€ (Id. at 20 (quoting Sulaymu-Bey v. City of New York, 17-cv-3563 (AMD) (SJB), 2019 WL 1434597, at *11 (E.D.N.Y. Mar. 29, 2019))) Finally, De'Bey's claim โ€œthat the CCRB failed to investigate credible complaints about NYPD officersโ€ โ€œeven if true, does not plausibly suggest that the City was deliberately indifferent to the type of misconduct by ACS that De'Bey alleges in the SAC.โ€

  5. De'Bey v. City of New York

    Civil Action 20 Civ. 1034 (PGG) (SLC) (S.D.N.Y. Oct. 26, 2021)   Cited 8 times
    Dismissing conspiracy claims where plaintiff failed to allege โ€œany objective factual basis from which the Court can properly infer a meeting of the mindsโ€

    . [non-policymaking] individuals do not provide an objectively reasonable basis from which the Court can properly infer that ACS had a policy or custom of fabricating evidence or deceiving children in order to remove them from their parents.โ€); Sulaymu-Bey v. City of New York, No. 17 Civ. 3563 (AMD) (SJB), 2019 WL 1434597, at *11 (E.D.N.Y. Mar. 29, 2019) (dismissing Monell claim under Rule 12(c) where the pro se plaintiffs made only conclysory allegations that the City had โ€œcustoms and policies . . . of ignoring exculpatory evidence in its investigations and prosecutions, and . . . of using boilerplate forms as a basis for seizure and prosecution of Plaintiffs, allowing ACS employees to substitute their judgment for doctors' opinions, and failing to give notice of Family Court hearingsโ€).

  6. Kleyman v. Suny Downstate Med. Ctr.

    18-CV-3137 (PKC) (ST) (E.D.N.Y. Sep. 21, 2020)   Cited 8 times

    Defendant KCHC is dismissed from this suit because, as it argues, it is not a suable entity. See Sulaymu-Bey v. City of New York, No. 17-CV-3563 (AMD) (SJB), 2019 WL 1434597, at *10 n.18 (E.D.N.Y. Mar. 29, 2019) (dismissing KCHC). Under the New York City Charter, actions must be brought in the name of the City of New York unless "otherwise provided by law."

  7. Powell v. N.Y.C. Police Dep't

    18-CV-332 (RPK) (RLM) (E.D.N.Y. Aug. 31, 2020)   Cited 2 times

    Courts have commonly concluded that "operating division[s]" of the New York City Health and Hospitals Corporation ("HHC"), such as Kings County Hospital, are "not . . . separate corporate entit[ies]" from HHC and should not be independently "subject to suit." Ingrassia v. Health & Hosp. Corp., 130 F. Supp. 3d 709, 716 (E.D.N.Y. 2015) (dismissing an operating division of HHC from an action in which HHC was also named); see Sulaymu-Bey v. City of New York, No. 17-cv-3563 (AMD) (SJB), 2019 WL 1434597, at *10 n.18 (E.D.N.Y. Mar. 29, 2019) (noting, in dismissing Kings County Hospital from the suit, that HHC "has the capacity to be sued by statute, [but] Kings County Hospital does not"); see also N.Y. Unconsol. L. ยง 7385(1) (providing that HHC has the capacity to "sue and be sued"); but see Phelan ex. rel. Phelan v. Mullane, 512 F. App'x 88, 92 (2d Cir. 2013) (referring to Kings County Hospital and HHC as separate defendants). Moreover, the portions of plaintiff's complaint concerning the NYPD and Kings County Hospital would fail to state a claim even if plaintiff had named the appropriate suable entities.

  8. Hagans v. Nassau Cnty. Dep't of Soc. Servs.

    18-CV-1917(JS)(AYS) (E.D.N.Y. Mar. 31, 2020)   Cited 1 times

    At this stage in the proceedings, Plaintiff's "allegation--that there was no emergency that warranted the children's removal without a court order--is sufficient," and Plaintiff states a claim that J.J.H. was not in imminent danger, and there was "reasonably sufficient time to seek prior judicial authorization." Sulaymu-Bey v. City of N.Y., No. 17-CV-3563, 2019 WL 1434597, at *5 (E.D.N.Y. Mar. 29, 2019); Southerland, 680 F.3d at 149 (citations omitted). However, like Plaintiff's substantive due process claim, the Court cannot decipher the basis for Plaintiff's remaining claims for violations of procedural due process, if any.

  9. Rosario v. City of New York

    18 Civ. 4023 (LGS) (S.D.N.Y. Sep. 16, 2019)   Cited 29 times
    Holding the Plaintiff adequately pled favorable termination where the prosecutors did not believe they could prove the case

    Where "assertions" of conspiracy "lack any factual foundation," they amount to "merely conclusory allegations" and are insufficient to state a claim. See Jackson v. Cty. of Rockland, 450 F. App'x 15, 18 (2d Cir. 2011) (summary order) (citing Kirch v. Liberty Media Corp., 449 F.3d 388, 398 (2d Cir. 2006)); accord Sulaymu-Bey v. City of New York, No. 17 Civ. 3563, 2019 WL 1434597, at *9 (E.D.N.Y. Mar. 29, 2019). The Complaint fails to allege an agreement among parties to act in concert to violate Plaintiff's rights.

  10. Estate of Keenan v. Hoffman-Rosenfeld

    Case No. 16-cv-0149 (SFJ)(AYS) (E.D.N.Y. Jul. 29, 2019)

    Further, to the extent a child is removed from his or her parents' custody pursuant to a family court order, there is no claim for interference with rights to familial association. See Southerland v. City of N.Y., 680 F.3d 127, 153 (2d Cir. 2012) (holding there is no ยง 1983 liability where family court approves removal of children); see also, e.g., Sulaymu-Bey v. City of N.Y., No. 17-cv-3563, 2019 WL 1434597, at *6 (E.D.N.Y. Mar. 29, 2019) (same). 7. Conspiracy Claim