Bernal-Salas v. East Harlem Scholars Academies
- Vargas
- 1:25-cv-05444
- U.S. District Court · Southern District of New York
- 3
In Bernal-Salas v. East Harlem Scholars Academies, Judge Vargas ordered U.S. Marshals service after granting permission to proceed without fees.
Marcos Bernal-Salas, East Harlem Scholars Academies, the Clerk of Court, and the U.S. Marshals Service are affected by the service directions; the order does not resolve the underlying claims.
What happened
In Bernal-Salas v. East Harlem Scholars Academies, Marcos Bernal-Salas, representing himself, alleges that his employer discriminated against him because of disabilities and retaliated against him. He brings claims under the Americans with Disabilities Act and Rehabilitation Act, and the court also understood his complaint to raise state and city human-rights claims.
The court had already allowed Bernal-Salas to proceed without paying filing fees. Because of that status, the court said he was entitled to help from the court and the U.S. Marshals Service to serve the defendant with the lawsuit.
Judge Vargas ordered the Clerk of Court to issue a summons, complete the service form, and provide the necessary documents to the Marshals Service. The complaint must be served within 90 days after the summons is issued, unless Bernal-Salas requests more time; the order did not decide whether his claims are legally valid.
The detailed version
- Bernal-Salas v. East Harlem Scholars Academies · No. 1:25-cv-05444
- Vargas
- Aug. 20, 2025
Background
Marcos Bernal-Salas filed this lawsuit without a lawyer against East Harlem Scholars Academies. He alleges that his employer discriminated against him because of his disabilities and retaliated against him. The complaint asserts claims under the Americans with Disabilities Act of 1990 and the Rehabilitation Act. The court also liberally construed the complaint as asserting claims under the New York State Human Rights Law and the New York City Human Rights Law.
The court had granted Bernal-Salas permission to proceed without paying filing fees in an order dated August 6, 2025. In cases proceeding this way, federal law requires the court to direct the U.S. Marshals Service to serve the defendant when appropriate.
Order
The court directed the Clerk of Court to fill out a U.S. Marshals Service Process Receipt and Return form for East Harlem Scholars Academies, issue a summons, and provide the Marshals Service with the documents needed to serve the defendant. The order lists the defendant’s service address as 2050 Second Avenue, New York, New York 10029.
The court explained that service must occur within 90 days after the summons is issued. If service is not completed within that period, Bernal-Salas should request an extension of time. He must also notify the court in writing if his address changes, and the court may dismiss the action if he does not do so. The Clerk was also directed to mail Bernal-Salas an information package.
Effect of the Order
This is an order arranging service of the lawsuit. It does not decide whether Bernal-Salas will prevail on his discrimination, retaliation, or other human-rights claims. Judge JEANNETTE A. VARGAS ordered the Clerk and Marshals Service to take the steps needed to serve East Harlem Scholars Academies.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.