Wellington v. The City of New York

Background

Mercy Wellington, representing herself, brought claims under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local actors. She alleged that defendants locked her out of her shelter and then falsely arrested her. The court had previously allowed her to proceed without paying filing fees upfront.

Because Wellington was proceeding without paying filing fees, the court was required to screen the complaint. It had to dismiss claims that were frivolous, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s jurisdiction. The court also stated that it must interpret a self-represented litigant’s pleadings liberally.

Claims Dismissed or Continued Against the City

The court dismissed Mayor Eric Adams, former New York City Police Department Commissioner Thomas Donlon, Department of Social Services Commissioner Molly Wasow Park, and Department of Housing and Preservation and Development Commissioner Adolofo Carrion Jr. as defendants because Wellington sued them in their official capacities. The court treated those claims as claims against the City of New York, so the claims against those officials will proceed against the City.

The court also dismissed the New York City Human Resources Administration because a New York City agency is not a suable entity under the cited law. The claims against the agency will proceed against the City of New York.

The court dismissed the State of New York and Attorney General Letitia James because the Eleventh Amendment generally protects states and state arms from suit in federal court. The court concluded that New York had not waived that protection and that Congress had not removed it through section 1983.

Service on Remaining Defendants

The court directed the Clerk of Court to issue summonses and provide the necessary papers to the U.S. Marshals Service for service on the City of New York; Lieutenant Darryl E. Fontaine; NYPD Officers Rawsan A. Jackson, Kyle M. LaGuardia, and Kelvin Villegasalmazo; Services for the Underserved President and CEO Perry Perlmutter; S:US Harmonia Program Director Angela Mortimer; and S:US Harmonia Administrative Assistant Lynn Gore.

The order explains that, because Wellington was allowed to proceed without paying fees, she could rely on the court and the Marshals Service to serve these defendants. If service is not completed within 90 days after summonses are issued, the order states that Wellington should request more time. The order also requires her to notify the court if her address changes.

Unnamed Police Defendants

The complaint included NYPD defendants identified only as John Does who allegedly were involved in some aspect of Wellington’s August 15, 2024 arrest. The court directed the New York City Law Department to identify each such defendant, provide the defendant’s badge number and service address, and give that information to Wellington and the court within 60 days.

Within 30 days after receiving that information, Wellington must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and may later direct service on any newly named defendants.

Disposition and Scope of the Order

The court dismissed the specified officials, the Human Resources Administration, the State of New York, and Letitia James as defendants; continued the related claims against the City where stated; directed service on the listed defendants; and ordered identification of the John Doe defendants. This was a screening and service order, not a decision on the ultimate merits of Wellington’s shelter-lockout or false-arrest allegations.