District Judge Andrew L. Carter


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Plaintiff Alphas owned Alphas Co. of N.Y. Inc. (Company) a wholesale food distributor under a bankruptcy trustee’s control, that had operated from space leased from the Hunts Point Terminal Produce Coop. Ass’n Inc. Plaintiff asserted civil RICO claims against the Hunts Point Coop and the union providing employees to coop members over its eviction, in which the Hunts Point Dep’t of Public Safety (HPDPS) allegedly participated. Plaintiff further alleged that inaction by the City of N.Y. Business Integrity Comm’n (BIC) in investigating his complaint about the coop and union, and its failure to prevent the Company’s eviction violated his constitutional rights. The court dismissed suit for failure to state a claim under 42 USC §1983. As an administrative arm of the City of New York, HPDPS had no legal identity apart from the City and could neither sue nor be sued. Further, plaintiff lacked standing because the Company, and not plaintiff, was harmed. Plaintiff’s injuries were either direct injuries to the Company or indirect injuries flowing form the harm to the Company. Plaintiff further acknowledged that the Company’s bankruptcy left it in the control of a trustee who has litigated and settled claims against other parties.