At page 72 Dismissing claims against non-suable city agencies17 citing cases“claims against doc were correctly dismissed because, as a city agency, it is not a suable entity.”
- Perry v. City of New York, No. 1:21-cv-04163 (S.D.N.Y. Aug. 13, 2021).([C]laims against DOC were correctly dismissed because, as a city agency, it is not a suable entity.)
- Bent, No. 1:25-cv-05364 (E.D.N.Y. Oct. 15, 2025).Second, municipal agencies, such as the SCU and OCSS, do not have the capacity to be sued under New York State law.4 Johnson v. Dobry, 660 F. App’x 69, 72 (2d Cir. 2016) (citing N.Y.
- Lewis v. New York City Dep't of Corr., No. 1:24-cv-08428 (S.D.N.Y. Nov. 7, 2024).The New York City Department of Correction is not a suable entity. £.g., Johnson v. Dobry, 660 F. App’x 69, 72 (2d Cir. 2016); Vatansever v. New York City, 210 F. App’x 26 (2d Cir. 2006); Adams v. Galletta, 966 F. Supp. 210, 212 (S.D.N.Y.…
- McCoy v. Admin. for Child. Servs., No. 1:23-cv-03019 (E.D.N.Y. Aug. 9, 2024).Johnson v. Dobry, 660 F. App’x 69, 72 (2d Cir. 2016).
- Chin v. New York City Dep't Of Corr., No. 1:23-cv-05268 (E.D.N.Y. May 17, 2024).(dismissing all claims against the DOC “because, as a city agency, it is not a suable entity)
- Antrobus v. City of New York, No. 1:19-cv-06277 (E.D.N.Y. Mar. 5, 2021).This section “has been construed to mean that New York City Departments, as distinct from the City itself, lack the capacity to be sued.” Ximines v. George Wingate High Sch., 516 F.3d 156, 159-60 (2d Cir. 2008); Johnson v. Dobry, 660 F. Ap…
- Singleton v. City of New York, No. 1:21-cv-02893 (S.D.N.Y. Feb. 22, 2022).City Charter ch. 17, § 396 (“[A]ll actions as proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided by law…
- Massey v. City of New York, No. 1:20-cv-07622 (S.D.N.Y. Oct. 19, 2020).City Charter ch. 17, § 396 (“[A]ll actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided by la…
- Thomas v. Martin-Gibbons, No. 1:19-cv-07695, 2020 WL 5026884 (S.D.N.Y. Aug. 25, 2020).See Johnson v. Dobry, 660 F. App’x 69, 72 (2d Cir. 2016) (citing N.Y. City Charter ch. 17, § 396 and Jenkins v. City of New York, 478 F.3d 76 , 93 n.19 (2d Cir. 2007) (“ e district court correctly noted that the NYPD is a non-suable agency…
- Singleton v. People of the State of New York, No. 1:20-cv-04686 (S.D.N.Y. Aug. 20, 2020).N.Y. City Charter ch. 17, § 396 (“[A]ll actions as proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided b…
Show 7 more citing cases
- Sidbury v. Dep't of Corr., No. 1:19-cv-00434 (E.D.N.Y. May 19, 2020).See Johnson v. Dobry, 660 F. App’x 69, 72 (2d Cir. 2016) (citing N.Y.
- Johnson v. City of New York, No. 1:18-cv-04030 (E.D.N.Y. Jan. 16, 2020).unpublishedSee Johnson v. Dobry, 660 F. App’x 69, 72 (2d Cir. 2016) (finding that “claims against DOC were correctly dismissed because, as a city agency, it is not a suable entity” (citing N.Y.C.
- Brewington v. Kaur, No. 1:25-cv-04644 (E.D.N.Y. Aug. 27, 2025).See Jenkins v. City of New York, 478 F.3d 76 , 93 n.19 (2d Cir. 2007); see also Johnson v. Dobry, 660 F. App’x 69, 72 (2d Cir. 2016) (citing N.Y. City Charter ch. 17, § 396, which states that actions must be brought against the City of New…
- Muniz v. City of New York, No. 1:24-cv-06876 (S.D.N.Y. May 7, 2025).N.Y. City Charter ch. 17, § 396 (“[A]ll actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided…
- Bien-Aime v. DOCCS, No. 1:24-cv-08797 (S.D.N.Y. Feb. 6, 2025).City Charter ch. 17, § 396 (“[A]ll actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided by la…
- House v. City of New York, No. 1:18-cv-06693, 2020 WL 6891830 (S.D.N.Y. Nov. 24, 2020).It is well-established that “where a plaintiff has named the Department of Correction[] as a defendant, he has sued a non-suable entity.” Adams v. Galletta, 966 F. Supp. 210, 212 (S.D.N.Y. 1997); see also Johnson v. Dobry, 660 F. App’x 69,…
- Sullivan v. City of New York, 690 F. App'x 63 (2d Cir. 2017).unpublishedSee Jenkins v. City of N.Y., 478 F.3d 76 , 93 n.19 (2d Cir. 2007); see also Johnson v. Dobry, 660 Fed.Appx. 69, 72 (2d Cir. 2016) (citing N.Y.
At page 71 Pleading standards and defenses to false arrest claims12 citing cases“involved in obtaining it by fraud or it was invalid on its face.”
- Brill v. Ulster Cnty., 799 F. Supp. 3d 73 (N.D.N.Y. 2025).published(Johnson was arrested pursuant to a warrant, which was presumed to have issued on probable cause, . . . the existence of which is a complete defense to a § 1983 claim for false arrest)
- Simon v. City of New York, 247 F. Supp. 3d 285 (E.D.N.Y. 2017).published([The officer] was entitled to rely on the warrant unless he had been involved in obtaining it by fraud or it was invalid on its face)
- Griffin, No. 2:23-cv-05348 (E.D.N.Y. Aug. 27, 2026).To rebut the presumption, the plaintiff must show that a warrant was obtained by fraud or was “facially invalid.” Johnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016).
- Wilson, No. 6:25-cv-06197 (W.D.N.Y. Aug. 11, 2026).Thus, officers executing a judicial warrant are entitled to rely on the warrant unless they were “involved in obtaining it by fraud or it was invalid on its face.” Johnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016).
- Cramer-Williams v. DOE, No. 6:24-cv-06598 (W.D.N.Y. Mar. 31, 2025).Thus, officers executing a judicial warrant are entitled to rely on the warrant unless they were “involved in obtaining it by fraud or it was invalid on its face.” Johnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016) (summary order).
- May v. Levy, 659 F. Supp. 3d 323 (E.D.N.Y. 2023).publishedJohnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016) (summary order).
- Thomas v. Briganti, No. 1:22-cv-08419 (S.D.N.Y. Nov. 2, 2022).See Hill v. Curcione, 657 F.3d 116, 123-24 (2d Cir. 2011); Johnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016) (summary order).
- Evans v. Samaritan Daytop Vill., No. 1:21-cv-08660 (S.D.N.Y. Apr. 20, 2022).Although Evans has not sought such relief, the Second Circuit has noted that “[o]rdinarily, pro se complaints should not be dismissed without granting leave to amend at least once when a liberal reading of the complaint gives ‘any indicati…
- Valverde v. Folks, No. 1:19-cv-08080, 2020 WL 5849515 (S.D.N.Y. Sept. 30, 2020).As discussed above, defendants are entitled to qualified immunity.” (citing Johnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016) (summary order))); cf. Rivers v. Fischer, No. 08 Civ. 8906(DAB), 2009 WL 3169966 , at *4 (S.D.N.Y.
- King v. Keyser, No. 7:18-cv-11301 (S.D.N.Y. Jan. 13, 2020).See Johnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016) (summary order) (holding amendment would have been futile because an officer was entitled to qualified immunity as demonstrated on the face of the complaint).
Show 2 more citing cases
- Beach v. New York State Police Wurtsboro, No. 7:18-cv-05722 (S.D.N.Y. Sept. 24, 2019).See Johnson v. Dobry, 660 F. App’x 69, 71 (2d Cir. 2016) (summary order) (holding amendment would have been futile because an officer was entitled to qualified immunity as demonstrated on the face of the complaint).
- Frazier, No. 1:25-cv-01175 (N.D.N.Y. Sept. 4, 2026).Caceres v. Port Auth of N.Y. & N.J., 631 F.3d 620 , 622 (2d Cir. 2011) (granting qualified immunity to defendant-officers who reasonably relied on a “warrant hit” to arrest the plaintiff); see also Johnson v. Dobry, 660 F. App’x 69, 71 (2d…
Other citing cases
- Nieves v. City of New York, No. 1:22-cv-10204 (S.D.N.Y. Mar. 29, 2024).
v.
DOBRY, Port Authority Police Officer, Tax I.D. 0453440, in His Individual and Official Capacity, Defendant-Appellee, Port Authority Police Department, Richard A. Brown, Malini, Assistant District Attorney, in Her Individual and Official Capacity, New York City Department of Corrections, Port Authority of New York and New Jersey, and City of New York, Defendants
SUMMARY ORDER
Plaintiff Vandyke Johnson, proceeding pro se, appeals from the dismissal of his claims for false arrest, denial of due process, and malicious prosecution brought under 42 U.S.C. § 1983 against the Port Authority of New York and New Jersey (“Port Authority”), the Port Authority Police Department (“Police Department”), Port Authority Police Officer Kenneth Do-bry, the City of New York (“City”), Queens County District Attorney Richard Brown, Assistant District Attorney Malini, and the New York City Department of Corrections (“DOC”). [1] We review de novo the dismissal of a complaint pursuant to either Fed. R. Civ. P. 12(b)(6) or 28 U.S.C. § 1915(e)(2), “construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiffs favor.” Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002) (Rule 12(b)(6));[*71] accord Giano v. Goord, 250 F.3d 146, 149-50 (2d Cir. 2001) (§ 1915(e)(2)). The complaint must plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Although a court must accept as true all factual allegations in the complaint, that requirement is “inapplicable to legal conclusions.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). We assume the parties’ familiarity with the facts and record of prior proceedings, which we reference only as necessary to explain our decision to affirm.
1. False Arrest
The district court correctly dismissed Johnson’s false arrest claim against Officer Dobry because Johnson was arrested pursuant to a warrant, which was presumed to have issued on probable cause, see Walczyk v, Rio, 496 F.3d 139, 155-156 (2d Cir. 2007), the existence of which is a complete defense to a § 1983 claim for false arrest, see Simpson v. City of New York, 793 F.3d 259, 265 (2d Cir. 2015). Johnson conceded the existence of the outstanding warrant, but maintained that it was issued in error. The argument could not defeat dismissal because Officer Dobry was entitled to rely on the warrant unless he had been involved in obtaining it by fraud or it was invalid on its face. Johnson does not allege the former, and the fact that he was out of the country when the warrant issued did not render it facially invalid.
Ordinarily, pro se complaints should not be dismissed without granting leave to amend at least once when a liberal reading of the complaint gives “any indication” that a valid claim might be stated. Shomo v. City of New York, 579 F.3d 176, 183 (2d Cir. 2009). A district court need not grant leave to amend, however, when amendment would be “futile.” Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000), Here, amendment would have been futile because Officer Dobry’s entitlement to qualified immunity is evident on the face of Johnson’s complaint, see McKenna v, Wright, 386 F.3d 432, 436 (2d Cir. 2004), and he points to no facts or law to the contrary.
Even crediting Johnson’s allegations on appeal that he presented “legal paperwork” showing that the warrant issued in error, Appellant’s Br. 4, Officer Dobry’s reliance on the warrant was objectively reasonable, affording him qualified immunity, see Okin v. Vill, of Cornwall-on-Hudson Police Dep’t, 577 F.3d 415, 433 (2d Cir. 2009) (“A police officer who has an objectively reasonable belief that his actions are lawful is entitled to qualified immunity.”). Although Johnson alleged that he repeatedly professed innocence to Officer Dobry and explained that the warrant was a mistake, “police are not bound to credit such protestations.” Caceres v. Port Auth. of N.Y. & N.J., 631 F.3d 620, 623 (2d Cir. 2011); cf. also United States v. Towne, 870 F.2d 880, 884 (2d Cir. 1989) (affirming district court’s -denial of defendant’s suppression motion as a result of finding of probable cause to arrest based on outstanding warrant, despite protestations of defendant’s probation and parole officer as to invalidity of warrant).
Accordingly, the false arrest claim was correctly dismissed, and leave to amend would have been futile.
2. Other Claims
The district court correctly dismissed Johnson’s claims against ADA Mal-ini based on absolute prosecutorial immunity. See Shmueli v. City of New York, 424 F.3d 231, 236-37 (2d Cir. 2005). “Prosecu-torial immunity from § 1983 liability is broadly defined, covering virtually all acts,[*72] regardless of motivation, associated with [the prosecutor’s] function as an advocate.” Hill v. City of New York, 45 F.3d 653, 661 (2d Cir. 1995) (internal quotation marks omitted).
Johnson’s claims against District Attorney Brown in his official capacity, the Port Authority and its Police Department, and the City all failed because he did not adequately plead an official policy or custom that resulted in the alleged violation of his constitutional rights. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); accord Littlejohn v. City of New York, 795 F.3d 297, 314-15 (2d Cir. 2015). Moreover, in his briefs and at oral argument, Johnson has failed to indicate how he would adequately plead any such official policy or custom. Therefore; the district court did not abuse its discretion in dismissing these claims without leave to amend. See Ruffolo v. Oppenheimer & Co., 987 F.2d 129, 131-32 (2d Cir. 1993).
Johnson’s claims against DOC were correctly dismissed because, as a city agency, it is not a suable entity. N.Y. City Charter ch. 17, § 396 (“All actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of an agency, except where otherwise provided by law.”); cf. Jenkins v. City of New York, 478 F.3d 76, 93 n.19 (2d Cir. 2007) (“The district court correctly noted that the NYPD is a non-suable agency of the City.”). -
Finally, because the district court correctly dismissed all of Johnson’s federal claims, it was entitled to decline to exercise supplemental jurisdiction over his state-law claims. See 28 U.S.C. § 1367(c)(3).
3. Conclusion
We have considered Johnson’s remaining arguments and conclude that they are without merit. Accordingly, we AFFIRM the judgment of the district court.
. While Johnson listed in his opening brief only Officer Dobry as an appellee, his appeal addressed dismissal of his complaint as to all of the defendants, and so we do the same here.