Newell v. State University of New York Westchester Community College
- Philip Halpern
- 7:22-cv-08524
- U.S. District Court · Southern District of New York
- 3
In Newell v. State University of New York Westchester Community College, Judge Halpern directed service through the U.S. Marshals Service.
Kerrie Newell, the State University of New York Westchester Community College, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Newell v. State University of New York Westchester Community College, Kerrie Newell, representing herself, sued her employer under the Americans with Disabilities Act. She alleges that the college discriminated and retaliated against her because she refused a COVID-19 vaccination, based on her claim that the college regarded her as having a disability.
The court had already allowed Newell to proceed without paying filing fees. Because of that status, the court said she could rely on the court and the U.S. Marshals Service to serve the college with the summons and complaint. The court also extended the service deadline to 90 days after the summons is issued.
Judge Philip M. Halpern ordered the Clerk of Court to issue the summons, complete the service forms, and send the necessary papers to the U.S. Marshals Service. The order did not decide whether Newell’s disability-discrimination or retaliation claims were legally valid.
The detailed version
- Newell v. State University of New York Westchester Community College · No. 7:22-cv-08524
- Philip Halpern
- Oct. 14, 2022
Background
Kerrie Newell, proceeding without a lawyer, brought an action under the Americans with Disabilities Act of 1990. She alleges that her employer, State University of New York Westchester Community College, discriminated and retaliated against her because she refused to receive a COVID-19 vaccination. Newell contends that the college regarded her as having a disability.
Procedural history
The court had previously granted Newell permission to proceed without paying filing fees. In this order, the court addressed service of process—the formal delivery of the summons and complaint to the defendant. Because Newell was permitted to proceed without paying filing fees, the court explained that she could rely on the court and the U.S. Marshals Service to complete service.
Newell had asked the court to arrange service through the Westchester County Sheriff’s Office because she cited a backlog affecting the Marshals Service. The court stated that it could not direct service through that office, although Newell could choose to take responsibility for serving the defendant herself. The court extended the time for service to 90 days after the summons is issued, rather than 90 days after the complaint was filed.
Ruling
Judge Philip M. Halpern instructed the Clerk of Court to issue a summons for State University of New York Westchester Community College, complete the required service forms with the defendant’s address, and deliver the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail an information package to Newell. The order stated that if service is not completed within 90 days after the summons is issued, Newell should request an extension of time. The order did not rule on the merits of Newell’s Americans with Disabilities Act claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.