Opinion
No. 05 Civ. 0578 (LAK).
January 31, 2005
ORDER
This is a Section 1983 suit by an individual currently confined at Bellevue Hospital against the New York City Department of Correctional Services and two "Doe" defendants, identified only as nurses at St. Barnabas Hospital.
At the outset, the Court is faced with the fact that plaintiff has not sued the City of New York, but merely a department the Doe defendants. The New York City Charter provides that "[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 law." N.Y.C. CHARTER § 396. Accordingly, New York City departments, including the Departments of Correctional Services, are not suable entities. See, e.g., See, e.g., Falcis v. New York City Police Dept., No. 95 Civ. 2407 (NG), 1997 WL 65798, *1 (E.D.N.Y. Feb. 10, 1997) (dismissing claims against Police and Correction Departments because non-suable entities); Campbell v. Dept of Correction of New York City, No. 95 Civ. 3242 (MBM), 1996 WL 79869 (S.D.N.Y. Feb. 26, 1996) (same); Wilson v. City of New York, 800 F. Supp. 1098, 1101 (E.D.N.Y. 1992) (same as to Police Department). Accordingly, the action is dismissed as to the New York City Department of Correctional Services.
SO ORDERED.