Farouk v. NY DOE

Background

Akesode Ademola Farouk brought the action without a lawyer. He alleged employment discrimination based on race and Nigerian national origin under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State Human Rights Law. He also asserted claims under the Family and Medical Leave Act, the Americans with Disabilities Act, and the Rehabilitation Act.

The court had previously allowed Farouk to proceed without paying the filing fee. In such cases, federal law requires the court to arrange service of the summons and complaint through the U.S. Marshals Service after the court reviews the complaint and orders issuance of a summons.

Service of Process

Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after the complaint is filed. The court held that this deadline should instead be extended for Farouk because he could not serve the defendants until the court reviewed the complaint and ordered a summons issued. The court extended the service period to 90 days after the summons is issued.

The court stated that if service is not completed within that period, Farouk should request an extension of time. It also directed Farouk to notify the court in writing if his address changes and warned that the action could be dismissed if he fails to do so.

Order

Judge Sarah Netburn directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms for the New York City Department of Education, Principal Dyon Rozier, Assistant Principal Paulette Christie, and Superintendent Erika Tobia. The Clerk was also directed to issue the summons and deliver all necessary documents to the U.S. Marshals Service so those defendants could be served.

The order did not rule on the merits of Farouk’s discrimination, leave, or disability claims. The court also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without paying the filing fee.