Asuncion v. Bard College

Background

John A. Asuncion, appearing without a lawyer, brought claims under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. He alleged that Bard College discriminated against him because of his sex and race. The court had previously allowed him to proceed without prepaying filing fees, a status commonly called proceeding in forma pauperis.

Service of Process

Because Asuncion was proceeding without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. Under the usual rule, service generally must occur within 90 days after the complaint is filed. The court determined that this deadline should instead run for 90 days after the summons is issued, because Asuncion could not have served the papers before the court reviewed the complaint and ordered issuance of a summons.

The court stated that Asuncion should request more time if service was not completed within that period. It also required him to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Order

Judge Nelson Stephen Román instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form with Bard College’s address, issue a summons, and deliver the documents needed for service to the Marshals Service. The order arranged service of the lawsuit; it did not decide whether Asuncion’s discrimination claims were legally valid. Asuncion had consented to receive court documents electronically.