Case Activity (429)

1. Order | Filed: August 26, 2026 Tolston v. Bowery Residents' Services, Inc. et al

   Civil Rights: Other | New York Southern

   Order

   ORDER OF DISMISSAL WITH LEAVE TO REPLEAD: The Court dismisses Plaintiffs claims against the New York City Police Department and the New York City Department of Homeless Services as non-suable entities. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Cour t construes Plaintiffs allegations against those Defendants as being asserted against Defendant City of New York. Plaintiffs complaint, filed in forma pauperis under 28 U.S.C. § 1915(a)(1), is dismissed, with 30 days' leave to replead. Plai ntiffs claims under federal law are dismissed for failure to state a claim, see 28 U.S.C. § 1915(e)(2)(B)(ii), and his claims under New York law are dismissed for lack of subject matter jurisdiction, see Fed. R. Civ. P. 12(h)(3). An "Amende d Complaint" form is attached to this order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to terminate the New York City Police Department and the New York City Department of Homeless Services as defendants in this action. The Clerk of Court is directed to substit ute, under Rule 25(d) of the Federal Rules of Civil Procedure, current New York City Mayor Zohran Mamdani in place of former New York City Mayor Eric Adams as an official-capacity defendant in this action. Additionally, the Clerk of Court is directed to substitute, under Rule 25(d), current Department of Social Services Commissioner Erin Dalton in place of former Department of Social Services Commissioner Molly Wasow Park, as an official-capacity defendant. TI1e Court directs the Clerk of Court to hold this matter open on the docket until a civil judgment is entered. Zohran Mamdani and Erin Dalton added. New York City Department of Homeless Services, The New York Police Department, Commissioner Molly Wasow Park and Mayor Eric Adams terminated. (Signed by Judge Gregory H. Woods on 8/26/2026) (sgz)

2. Notice | Filed: August 20, 2026 | Entered: August 20, 2026 Tolston v. Bowery Residents' Services, Inc. et al

   Civil Rights: Other | New York Southern

   Notice of Case Assignment/Reassignment

   NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge George B. Daniels is no longer assigned to the case. (tro)

3. 427 additional result(s)