Anderson v. Yonkers City School District

Background

Melissa Anderson, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. She alleged that her employer discriminated against her because of her race and disability. The court had previously allowed her to proceed without paying filing fees in advance.

Because Anderson was proceeding without paying fees in advance, the court screened her complaint under 28 U.S.C. § 1915(e)(2)(B). That law requires dismissal of claims that are frivolous, malicious, fail to state a claim for relief, or seek money from a defendant who is immune from that relief. The court also explained that it must dismiss claims over which it lacks subject-matter jurisdiction. Although courts read complaints filed by people without lawyers liberally, those complaints still must provide a short and plain statement showing entitlement to relief.

Claims Against Carlos Moran

The court ruled that Carlos Moran was not a proper individual defendant under Title VII or the Americans with Disabilities Act. It also found that Anderson alleged no facts suggesting Moran was personally involved in violating her rights. The court therefore dismissed Anderson’s claims against Moran for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

The order notes that individuals may be defendants under New York State or city human-rights laws in circumstances described by those laws. Anderson may seek leave to file an amended complaint asserting a New York State Human Rights Law claim against individual defendants if she names them in the caption and provides facts showing their personal involvement.

Service on the Yonkers City School District

Because Anderson was allowed to proceed without paying filing fees in advance, the court directed the Clerk of Court to issue a summons for the Yonkers City School District, complete the required U.S. Marshals Service form, and provide the necessary papers to the Marshals Service for service. The order states that if service is not completed within 90 days after the summons is issued, Anderson should request an extension of time.

The court also directed the Clerk to mail Anderson an information package. Anderson must notify the court in writing if her address changes, and the order states that the court may dismiss the action if she fails to do so. The order does not decide the merits of Anderson’s claims against the Yonkers City School District.

Disposition

Judge Cathy Seibel dismissed Anderson’s claims against Carlos Moran for failure to state a claim. The court directed service of the action on the Yonkers City School District and stated that Anderson may seek leave to amend to assert certain state-law claims against individual defendants.