Nieves v. New York City Department of Education
- Vargas
- 1:24-cv-06267
- U.S. District Court · Southern District of New York
- 2
In Nieves v. New York City Department of Education, Judge Vargas ordered the Law Department to help serve twelve newly named defendants.
Fernando Nieves, Jr.; the New York City Law Department and New York City Department of Education; the twelve newly named defendants; and the U.S. Marshals Service.
What happened
In Nieves v. New York City Department of Education, Fernando Nieves, Jr. filed a second amended complaint adding twelve defendants. The court had already allowed him to proceed without paying filing fees and to file the amended complaint.
Because Nieves was proceeding without a lawyer, the court said he could rely on the court and the U.S. Marshals Service to carry out service. The court found that the complaint gave the New York City Law Department enough information to identify service addresses for the twelve new defendants.
Judge Jeannette A. Vargas ordered the Law Department to provide those addresses to the court and Nieves within 30 days, or to state whether it could accept service for any defendants in their individual capacities. After receiving the information, the court will direct the Clerk and Marshals Service to complete service documents and serve the defendants.
The detailed version
- Nieves v. New York City Department of Education · No. 1:24-cv-06267
- Vargas
- Aug. 6, 2025
Background
Fernando Nieves, Jr. was previously granted permission to proceed without paying filing fees. The court later authorized him to file an amended complaint, which he filed on May 22, 2025. The second amended complaint added twelve defendants, identified in the opinion as the “New Defendants,” in both their individual and official capacities where stated.
Service of the New Defendants
Because Nieves was proceeding without a lawyer, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court also explained that a self-represented litigant is entitled to the court’s help identifying a defendant when necessary.
The court found that Nieves had supplied enough information for the New York City Department of Education to identify service addresses for the New Defendants. The court therefore ordered the New York City Law Department, which represents and acts as the Department of Education’s agent, to determine those addresses and provide them to the court and Nieves within 30 days of the order. Alternatively, if the Law Department was authorized to accept service of the amended complaint for any New Defendant in an individual capacity, it could tell the court that instead of providing an address.
What Happens Next
After receiving service addresses, the court will direct the Clerk of Court to complete the required service forms and send the necessary documents to the U.S. Marshals Service. This order concerns identifying addresses and arranging service; it does not decide the merits of Nieves’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.