Sullivan v. Banks
- Lewis Liman
- 1:24-cv-03251
- U.S. District Court · Southern District of New York
- 5
In Sullivan v. Banks, Judge Liman dismissed two official-capacity defendants, ordered service on the Department of Education, and denied temporary relief.
Mark J. Sullivan, the New York City Department of Education, David C. Banks, Melissa Aviles-Ramos, and Binong Xu. Banks and Aviles-Ramos were dismissed as individual defendants; the claims treated as against the Department of Education and the claims involving Xu remain subject to the next service steps described in the order.
What happened
In Sullivan v. Banks, Mark J. Sullivan, who is representing himself, says the defendants denied him access to his child’s school records while she was a minor. He sued the New York City Department of Education, two chancellors in their official roles, and Binong Xu, the child’s mother.
The court treated the claims against the two chancellors as claims against the Department of Education and dismissed the chancellors from the case. It ordered the U.S. Marshals Service to serve the Department of Education and directed Sullivan to provide an address where Xu can be served by April 25, 2025.
Judge Lewis J. Liman denied Sullivan’s request for a preliminary injunction, or temporary court order, because the child was no longer a student at a Department of Education school and Sullivan had not shown likely serious harm or a sufficient basis for success on the claims.
The detailed version
- Sullivan v. Banks · No. 1:24-cv-03251
- Lewis Liman
- Mar. 26, 2025
Background
Mark J. Sullivan is proceeding without a lawyer and was previously permitted to proceed without paying filing fees in advance. He alleges that the defendants denied him access to his child’s school records when she was a minor. The defendants are the New York City Department of Education, now known as New York City Public Schools; former Chancellor David C. Banks; Chancellor Melissa Aviles-Ramos; and Binong Xu, the child’s mother.
Official-capacity defendants
Banks and Aviles-Ramos were sued in their official capacities, meaning in their roles as government officials. The court treated those claims as claims against the Department of Education itself. It dismissed Banks and Aviles-Ramos from the action and directed the clerk to terminate them as defendants.
Service of the case
Because Sullivan was allowed to proceed without paying filing fees in advance, the court directed the clerk to issue a summons and prepare the required service form for the Department of Education. The court directed the U.S. Marshals Service to serve the Department of Education. The court stated that service must occur within 90 days after the summons is issued, unless Sullivan requests more time.
Sullivan did not provide an address where Xu could be served. The court ordered him to provide such an address in writing by Friday, April 25, 2025. The court also stated that Sullivan must notify the court in writing if his address changes and that the case could be dismissed if he fails to do so.
Request for preliminary injunction
Sullivan requested a preliminary injunction, an extraordinary temporary order intended to prevent serious harm while a case is pending, including access to his daughter’s school records. The court denied the motion. It found that Sullivan had not shown likely irreparable harm because his daughter was no longer a student at a Department of Education school and the case concerned records from when she was a student. The court also found that he had not shown a likelihood of success on the merits or sufficiently serious questions and a balance of hardships favoring temporary relief.
Disposition
The court dismissed the claims against Banks and Aviles-Ramos as individual defendants, treated those claims as claims against the Department of Education, ordered service on the Department of Education, required Sullivan to provide a service address for Xu, and denied the motion for a preliminary injunction.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.