OPINION AND ORDER GRANTING THE FEDERAL BUREAU OF INVESTIGATION’S AND THE DRUG ENFORCEMENT ADMINISTRATION’S MOTION TO SUBSTITUTE AND DISMISS (Doc. 12) Plaintiffs Gertetta Green-Page and Ka’Sean Anthony bring this action against Defendants the Federal Bureau of Investigation (the “FBI”), the Drug Enforcement Administration (the “DEA”),1 the County of Erie, the Erie County Sheriff’s Department, the City of Buffalo, and the Buffalo Police Department (collectively, the “Municipal Defendants”) alleging violations of constitutional law and state tort law arising out of the execution of a search warrant for Plaintiffs’ residence. Plaintiffs assert the following claims: unreasonable seizure and deprivation of liberty under the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution against all Defendants; violation of Plaintiffs’ civil rights through excessive use of force against all Defendants; punishment without due process of law in violation of the Fourteenth Amendment of the United States Constitution against the Municipal Defendants; and state law claims of battery, false arrest, false imprisonment, intentional and negligent infliction of emotional distress, and negligent hiring, training, and supervision against all Defendants. Pending before the court is the United States’ motion to dismiss for improper service pursuant to Fed. R. Civ. P. 12(b)(5), lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), and failure to state a claim for which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6). On November 9, 2020, Plaintiffs opposed the motion to dismiss, and on November 13, 2020, the United States filed a reply at which time the court took the pending motion under advisement. Plaintiffs are represented by William A. Lorenz, Jr., Esq., and Steven M. Cohen, Esq. The United States is represented by Assistant United States Attorney Mary K. Roach. Defendants County of Erie and Erie County Sheriff’s Department are represented by Thomas J. Navarro, Esq. Defendants City of Buffalo and Buffalo Police Department are represented by Maeve Eileen Huggins, Esq. I. Allegations in the Complaint. At approximately 6:00 a.m. on June 19, 2019, Plaintiffs were asleep in their bedrooms at their home located at 43 Schauf Street, Lower, Buffalo, New York when they were awakened by the sound of “an unknown number of agents or officers of Defendants busting through the main door of [their] home with a battering ram.” (Doc. 1-3 at 7, 20.) Plaintiff Anthony alleges that he saw agents or officers of Defendants “rushing into his home” wearing “body armor [and] masks and carrying what appeared to [him] to be assault rifles.” Id. at 7,
