Small v. New York City Department of Education
- Gregory Woods
- 1:21-cv-01527
- U.S. District Court · Southern District of New York
- 4
In Small v. New York City Department of Education, Judge Woods dismissed claims against the Department, substituted New York City, and ordered service.
Tyrell Small’s claims against the New York City Department of Education were dismissed; the City of New York was added as a defendant, and service was ordered on the City and Valerie Paul.
What happened
In Small v. New York City Department of Education, Tyrell Small, representing himself, sued under federal, New York State, and New York City employment-discrimination laws, alleging discrimination based on his perceived sexual orientation.
The court dismissed Small’s claims against the New York City Department of Education because a New York City agency generally cannot be sued. It directed the Clerk to replace the Department with the City of New York, and ordered the U.S. Marshals Service to serve the City and Valerie Paul because Small was allowed to proceed without paying filing fees.
Judge Gregory H. Woods also extended the service deadline to 90 days after summonses are issued. The order did not decide whether the alleged discrimination occurred.
The detailed version
- Small v. New York City Department of Education · No. 1:21-cv-01527
- Gregory Woods
- Mar. 2, 2021
Background
Tyrell Small brought this action without a lawyer under Title VII of the Civil Rights Act of 1964 and the New York State and New York City Human Rights Laws. He alleged that his employer discriminated against him because of his perceived sexual orientation. The court had previously granted Small permission to proceed without paying the filing fee.
Claims Against the Department of Education
The court held that the New York City Department of Education, as an agency of New York City, was not an entity that could be sued under the New York City Charter. The court therefore dismissed Small’s claims against the New York City Department of Education under 28 U.S.C. § 1915(e)(2)(B)(ii).
Because Small was representing himself and clearly intended to assert claims against New York City, the court construed the complaint as asserting claims against the City of New York. It directed the Clerk of Court to amend the case caption by replacing the Department of Education with the City. The court stated that this amendment was without prejudice to any defenses the City might assert.
Service of Process
Because Small was allowed to proceed without paying the filing fee, the court directed the Clerk and the U.S. Marshals Service to handle service of the summonses and complaint on the City of New York and Valerie Paul. The court extended the service deadline to 90 days after the summonses were issued. It also instructed Small to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so.
Disposition
Judge Gregory H. Woods dismissed the claims against the New York City Department of Education, directed that the City of New York be added as a defendant, and ordered the documents necessary for service on the City and Valerie Paul. The order did not decide the merits of Small’s discrimination allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.