Ballentine v. Barak

Background

Quintin J. Ballentine, proceeding without a lawyer, sued the Postgraduate Center for Mental Health and Jacob Barak. The complaint sought damages and injunctive relief under provisions that Ballentine identified as Title 18, United States Code, Section 844(h); Title 42, United States Code, Section 3631; and the Americans with Disabilities Act of 1990, as amended.

The court interpreted the complaint and an attached report to the United States Department of Justice’s Civil Rights Division as asserting possible disability-based housing-discrimination claims under the Fair Housing Act, possible disability-discrimination claims under the Rehabilitation Act, and disability-based housing-discrimination claims under the New York State and New York City Human Rights Laws.

Order of service

The court had previously granted Ballentine permission to proceed without prepaying filing fees. Because he was proceeding under that permission, the court stated that he could rely on the court and the United States Marshals Service to serve the defendants.

Judge Analisa Torres directed the Clerk of Court to issue a summons for each defendant, complete a USM-285 process-receipt-and-return form with each defendant’s service address, and deliver the necessary documents to the Marshals Service. The court also directed service on the Postgraduate Center for Mental Health and Jacob Barak and directed the Clerk to mail Ballentine an information package.

The court stated that if the complaint was not served within 90 days after the summonses were issued, Ballentine should request an extension of time for service. He must notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.

Disposition

The opinion is an order directing service of the summons and complaint. It does not decide the merits of Ballentine’s discrimination claims or state that any defendant is liable.