on January 23, 2001, were dropped. (Amend. Compl.¶ 32.)
Although subsequent developments in the family court case are not before the Court, they are unusual enough to warrant mention. In April of 2002, plaintiff filed a complaint in the Southern District of New York, alleging that the City of New York had eliminated her visitation rights to her daughter on January 23, 2001, in retaliation for the exercise of her First Amendment rights, including an interview with a local newspaper regarding her family court case, her production of a public access cable television show, in which she publicized her case, and her "attendance at street fairs and protests." (Complaint ¶ 5, Murray v. City of New York, No. 02 Civ. 2483 (Feb. 28, 2002) (Def.Ex.K).) The case was dismissedand imprisonment under New York tort law, plaintiff also brings a claim under New York Civil Rights Law Article 2, Section 2, which states, "No authority can, on any pretense whatsoever, be exercised over the citizens of this state, but such as is or shall be derived from and granted by the people of this state."
[9]  In its January 13, 2005 Order, this Court indicated to plaintiff that if she wished to pursue her claim against an agency of the City of New York, she must bring the action against the City of New York, as agencies themselves do not have the capacity to be sued under the New York City Charter. (City Mot. Ex. M, at 5.) Heedless of this advice, plaintiff has once again named