Ford v. The Board of Education of The City School District of the City of NY

Background

Brian Ford, who represented himself, asserted claims under the Americans with Disabilities Act, the Rehabilitation Act, the Age Discrimination in Employment Act, and other laws. He sought damages, declaratory relief, and injunctive relief against the New York City Board of Education, also known as the New York City Department of Education, and Carmen Farina in her official capacity. The court treated Ford’s March 8, 2020 filing titled “Amended Brief for Complaint with Demand for Trial by Jury” as his amended complaint.

The court had previously granted Ford permission to proceed without prepaying filing fees. In such cases, federal law allows the plaintiff to rely on the court and the U.S. Marshals Service to serve the defendants.

Service Order

The court directed the Clerk of Court to issue summonses for the defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and deliver the required paperwork to the Marshals Service. The court also directed the Clerk to mail Ford a copy of the order and an information package.

The court extended the time for service until 90 days after the summonses were issued because Ford could not serve the defendants before the court reviewed the amended complaint and ordered the summonses. The court stated that, if service was not completed within that period, Ford should request an extension of time.

Disposition

The court directed service of the amended complaint through the U.S. Marshals Service. It also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not rule on the merits of Ford’s claims.

Effect

The order moved the case forward to service on the New York City Board of Education and Carmen Farina. It did not determine whether Ford would prevail on his claims.