Anderson v. New York State

Background

Andrew Anderson is proceeding without a lawyer. He challenges New York’s Central Business District Tolling Program, commonly called congestion pricing, as it affects him as a taxi driver. He also challenges New York City’s taxi and for-hire-vehicle fees and licensing system and the fairness of his contractual relationship with the purported lessee of his taxi medallion. The opinion states that he brings federal civil-rights claims under 42 U.S.C. § 1983 alleging that tolls, including congestion pricing, violate the Eighth Amendment’s Excessive Fines Clause.

The court had previously granted Anderson permission to proceed without paying filing fees upfront. That status allows the court and the U.S. Marshals Service to handle service of the summons and complaint.

Rulings concerning New York State

The court dismissed New York State based on immunity under the Eleventh Amendment. The court explained that states generally cannot be sued in federal court unless they waive that immunity or Congress removes it. It concluded that New York had not waived its immunity and that Congress had not removed it when it enacted § 1983. The opinion does not decide whether Anderson’s toll-related claims are substantively valid.

Addition of the Triborough Bridge and Tunnel Authority

The court determined that the Triborough Bridge and Tunnel Authority, a public benefit corporation, appeared to be responsible at least in part for the challenged tolls. Construing Anderson’s self-represented complaint liberally, the court directed the Clerk of Court to add the Authority as a defendant under Rule 21 of the Federal Rules of Civil Procedure. The amendment was without prejudice to any defense the Authority may assert.

Service and other instructions

The court directed the Clerk to prepare U.S. Marshals Service process forms, issue summonses, and provide the Marshals Service with the documents needed to serve the Triborough Bridge and Tunnel Authority, the New York City Taxi and Limousine Commission, and All Taxi Management, Inc. The court extended the time for service until 90 days after the summonses issue. Anderson must notify the court in writing if his address changes, and the court stated that the action may be dismissed if he fails to do so.

Disposition

The court dismissed New York State based on Eleventh Amendment immunity, added the Triborough Bridge and Tunnel Authority as a defendant, and ordered steps to serve the other defendants. The order did not resolve the merits of the remaining claims.