Huston v. New York City

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JESSICA HUSTON,
Plaintiff,
-against-
NEW YORK CITY,
Defendant.
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MEMORANDUM & ORDER
25-CV-4272 (EK)(JAM)
ERIC KOMITEE, United States District Judge:
Plaintiff Jessica Huston brings this civil rights
action against the City of New York. 	Representing herself, she
alleges that City officials have engaged in warrantless
surveillance of her vehicle, residence, and personal devices,
thereby violating her rights under the Fourth Amendment. 	She
moves to proceed in forma pauperis. 	That motion is granted, but
the complaint is dismissed because it does not state a claim on
which relief can be granted.
Background
The following factual allegations are drawn from the
complaint, and are presumed true for purposes of this order.
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).
In “[a]bout 2020 or 2021,” an “unknown civilian” told
City police officers that plaintiff was engaged in “criminal
activity.” 	Compl. 5, ECF No. 1. 	This led unnamed City
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officials to “follow and watch” her. 	Id. 	She alleges that
these officials or employees have tapped her phone and computer,
and can “see [her] behind closed doors within [her] personal
space.” 	Id. at 8. 	This surveillance occurred even though there
are “no search, seizure or surveillance warrants under
[plaintiff’s] name.” 	Id. at 5. 	She seeks $235 million in
damages. 	Id. at 6.
Legal Standard
A complaint must plead facts sufficient to “state a
claim to relief that is plausible on its face.” 	Twombly, 550
U.S. at 570.1 	The Court must accept the truth of “well-pleaded,
nonconclusory factual allegations,” Kiobel v. Royal Dutch
Petroleum Co., 621 F.3d 111, 124 (2d Cir. 2010), but it need not
accept “legal conclusions” as true. 	Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009).
A pro se complaint should be liberally construed.
Ceara v. Deacon, 916 F.3d 208, 213 (2d Cir. 2019). 	Still, an
unrepresented plaintiff is not exempt from “compliance with
relevant rules of procedural and substantive law.” 	Traguth v.
Zuck, 710 F.2d 90, 95 (2d Cir. 1983). 	A district court may
dismiss an in forma pauperis action if it concludes that the
action “(i) is frivolous or malicious; (ii) fails to state a
1 Unless otherwise noted, when quoting judicial decisions this order
accepts all alterations and omits all citations, footnotes, and internal
quotation marks.
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claim on which relief may be granted; or (iii) seeks monetary
relief against a defendant who is immune from such relief.” 	28
U.S.C. §§ 1915(e)(2)(B).
Discussion
Plaintiff has not stated a claim for relief under
Section 1983. 	Based on the allegations in the complaint, it is
unclear whether plaintiff is suing New York City as a
municipality, or certain officials acting on the City’s behalf.
But her claim is deficient either way.
To state a Section 1983 claim against a municipality,
a plaintiff must allege that her injury flowed from a “municipal
custom or policy.” 	City of Oklahoma City v. Tuttle, 471 U.S.
808, 817 (1985). 	Plaintiff alleges no such custom or policy
here. 	So, to the extent she seeks to hold the municipality
liable, her claim is dismissed.2
When a plaintiff sues individual officials under
Section 1983, pleadings that “do not differentiate which
defendant was involved in the unlawful conduct are insufficient
to state a claim.” 	Ying Li v. City of New York, 246 F. Supp. 3d
578, 598 (E.D.N.Y. 2017) (collecting cases); see also Wright v.
2 	In her complaint, plaintiff lists the City’s address as 1 Police
Plaza, which is the address for the New York Police Department. 	Thus, one
could construe the complaint as against the Department. 	But the NYPD, “as
distinct from the City itself, lack[s] the capacity to be sued.” 	Ximines v.
George Wingate High Sch., 516 F.3d 156, 160 (2d Cir. 2008). 	So, plaintiff’s
claim cannot proceed against the Department either.
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Smith, 21 F.3d 496, 501 (2d Cir. 1994) (“It is well settled in
this Circuit that personal involvement of defendants in alleged
constitutional deprivations is a prerequisite to an award of
damages under [Section] 1983.” (emphasis added)). 	Here,
plaintiff simply alleges that unspecified “defendant[s]”
surveilled her without a warrant. 	Compl. 5, 8. 	She never
identifies (by name or otherwise) a particular official that
acted unconstitutionally. 	Her Section 1983 claim is therefore
deficient and must be dismissed.
Conclusion
For the foregoing reasons, the motion to proceed in
forma pauperis is granted, but the complaint is dismissed
without prejudice.
Plaintiff may, within thirty days of this order, file
an amended complaint that corrects the deficiencies identified
herein. 	She is further advised that any amended complaint will
completely replace the original complaint, that it must be
captioned “Amended Complaint,” and that it must bear the same
docket number as this order: 25-CV-4272 (EK)(JAM). 	If plaintiff
does not file an amended complaint within thirty days, dismissal
will be with prejudice and the Clerk of Court will enter
judgment.
No summons shall issue at this time and all further
proceedings shall be stayed. 	The Clerk of Court is directed to
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mail a copy of this order, along with a form complaint for
violation of civil rights, to plaintiff and to note the mailing
on the docket. 	The Court certifies pursuant to 28 U.S.C.
§ 1915(a)(3) that any appeal from this order would not be taken
in good faith, and therefore denies in forma pauperis status for
the purpose of an appeal. 	Coppedge v. United States, 369 U.S.
438, 444-45 (1962).
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	February 26, 2026
Brooklyn, New York
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