Washington v. New York State Unified Court System

Background

Constance Washington, proceeding without a lawyer, brought an action under 42 U.S.C. § 1983, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and state law. She alleges that the New York State Unified Court System, the Office of Court Administration, and Deputy Chief Administrative Judge Adam Silvera violated her rights when they suspended her from her job.

The court had previously granted Washington permission to proceed without prepaying filing fees. Because she was proceeding without prepayment, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants.

Order

The court directed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the necessary paperwork to the U.S. Marshals Service. The order identifies the service address for the New York State Unified Court System and the Office of Court Administration as 25 Beaver Street, New York, New York 10004. It lists the same address for Deputy Chief Administrative Judge Adam Silvera through the New York State Unified Court System.

The court extended the service period to 90 days after the summonses are issued because Washington could not have served the defendants before the court reviewed the complaint and ordered the summonses issued. The order states that Washington should request an extension if service is not completed within that period. It also directs the Clerk to mail Washington an information package and warns that the action may be dismissed if she does not notify the court in writing of an address change.

What the Order Does Not Decide

This is an order about serving the defendants. It does not decide the merits of Washington’s allegations or determine whether any defendant violated federal or state law. Judge Andrew L. Carter, Jr. ordered the service steps described above.