Jackson Jr. v. National Railroad Passenger Corporation
- Katherine Failla
- 1:25-cv-04368
- U.S. District Court · Southern District of New York
- 4
In Jackson Jr. v. Amtrak, Judge Failla ordered the Marshals Service to serve the defendant after Jackson was allowed to proceed without fees.
Kevin D. Jackson, Jr.; National Railroad Passenger Corporation (Amtrak); the Clerk of Court; and the U.S. Marshals Service.
What happened
In Jackson Jr. v. National Railroad Passenger Corporation (Amtrak), Kevin D. Jackson, Jr., who is representing himself, alleges that his employer discriminated against him because of his race, color, sex, and disability. He brought claims under federal, New York State, and New York City civil-rights laws.
The court had already allowed Jackson to proceed without paying court fees in an earlier order. Because of that status, the court directed the Clerk of Court to issue a summons, complete the required service form, and send the necessary papers to the U.S. Marshals Service so it could serve Amtrak.
The order also states that service must occur within 90 days after the summons is issued, that Jackson may request more time if needed, and that he must notify the court of any address change. Judge Katherine Polk Failla issued the service order on May 29, 2025.
The detailed version
- Jackson Jr. v. National Railroad Passenger Corporation · No. 1:25-cv-04368
- Katherine Failla
- May 29, 2025
Background
Kevin D. Jackson, Jr., proceeding without a lawyer, filed an action against National Railroad Passenger Corporation (Amtrak). The complaint invokes Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Jackson alleges employment discrimination based on race, color, sex, and disability.
The court had granted Jackson permission to proceed without prepaying filing fees in an order dated May 27, 2025. This order does not decide whether the discrimination allegations are legally or factually valid.
Service of Process
Because Jackson was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve Amtrak. The court extended the usual service period so that the 90-day period would begin when the summons issues, rather than when the complaint was filed.
Ruling
The court instructed the Clerk of Court to issue a summons for Amtrak, complete a U.S. Marshals Service Process Receipt and Return form with Amtrak's address, and deliver the necessary documents to the Marshals Service for service. The order states that if service is not completed within 90 days after the summons issues, Jackson should request an extension. It also states that Jackson must notify the court in writing if his address changes and that the court may dismiss the action if he fails to do so. Judge Katherine Polk Failla entered the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.