Ballentine v. Cares for the Homeless

Background

Quintin Ballentine, who is proceeding without a lawyer, brought claims under the court’s federal-question jurisdiction against Cares for the Homeless, unnamed shelter staff, the City of New York, and the New York City Department of Homeless Services. He alleged violations of federal constitutional rights, the Americans with Disabilities Act, and New York state law. The court also construed the amended complaint as potentially asserting claims under the Fair Housing Act.

Ballentine filed the original complaint on May 4, 2025, and an amended complaint on May 28, 2025. He later filed two documents labeled memoranda of law. Because of his status as a self-represented litigant, the court treated the amended complaint and those memoranda as one operative pleading. On May 22, 2025, the court granted him permission to proceed without prepaying filing fees.

Screening of the Complaint

The court explained that it must dismiss all or part of a complaint filed without prepaying fees if the complaint is frivolous, malicious, fails to state a legally sufficient claim, or seeks money from a defendant protected from such relief. The court must also dismiss a case when it lacks authority to hear the subject matter. At the same time, it was required to read Ballentine’s self-represented filings liberally and interpret them to raise the strongest claims they reasonably suggest.

Claims Against the Department of Homeless Services

The court dismissed Ballentine’s claims against the New York City Department of Homeless Services because a New York City agency generally is not a separate entity that can be sued. The court cited New York City Charter chapter 17, section 396, and federal decisions applying that rule. The dismissal was for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii).

Because Ballentine was representing himself, the court treated any allegations against the Department of Homeless Services as allegations against the City of New York, which was already named as a defendant. The opinion does not state that the court dismissed Ballentine’s claims against the City on this ground.

Service of Process

The court stated that a person permitted to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to serve the defendants. It directed the Clerk of Court to prepare U.S. Marshals Service process forms for Cares for the Homeless and the City of New York, issue summonses, and send the necessary papers to the Marshals Service.

The court extended the time for service until 90 days after the summonses are issued, because Ballentine could not have served the defendants before the court reviewed the complaint and ordered the summonses. It also directed Ballentine to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so. The Clerk was directed to mail him an information package.

Disposition

The court dismissed Ballentine’s claims against the New York City Department of Homeless Services. It instructed the Clerk to issue summonses for Cares for the Homeless and the City of New York and provide the service materials to the U.S. Marshals Service.