Shapiro v. Adams

Background

Norman Shapiro filed this pro se action after paying the filing fee. He alleged that Defendants violated his First Amendment rights by requiring him, as a New York City employee, to comply with the COVID-19 vaccine mandate for City workers. He named Mayor Eric Adams, the New York City Police Department, the Department of Citywide Administrative Services, and the Office of Labor Relations.

Shapiro told the court that he had not properly served the Defendants and needed new summonses. He also asked whether he could withdraw the action and refile it without losing or paying the filing fee again. The court stated that withdrawing the action would not result in a refund of the filing fee.

Agency Defendants

The court held that the New York City Police Department, the Department of Citywide Administrative Services, and the Office of Labor Relations could not be sued as separate entities because City agencies generally are not suable under the New York City Charter. The court therefore dismissed Shapiro’s claims against those three agencies.

Because Shapiro was representing himself and clearly intended to assert claims against New York City, the court construed the complaint as asserting claims against the City. Under Federal Rule of Civil Procedure 21, it directed the Clerk of Court to amend the case caption by replacing the three agencies with the City of New York. The court stated that this amendment was without prejudice to any defenses the City might assert.

Service of Process and Disposition

The court directed the Clerk to issue summonses for the City of New York and Mayor Eric Adams. Shapiro must serve the summons and complaint on each Defendant within 90 days after the summonses are issued. If he does not serve them or request an extension within that period, the court may dismiss the claims under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute.

Judge Katherine Polk Failla ordered the dismissal of the claims against the New York City Police Department, the Department of Citywide Administrative Services, and the Office of Labor Relations. She also directed the Clerk to add the City of New York as a Defendant, correct the spelling of Mayor Adams’s name on the docket, issue summonses for the City and Mayor Adams, and mail Shapiro a copy of the order. The opinion did not decide the merits of Shapiro’s First Amendment challenge to the vaccine mandate.