Williams v. New York City Health and Hospitals Corporation

Background

Shartisha Williams brought a pro se action—meaning she was representing herself—against New York City Health & Hospitals Corporation and other defendants. She alleged that her former employer terminated her employment because of her religion and disability. Her claims invoked Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.

The court had previously granted Williams permission to proceed in forma pauperis, meaning without prepaying court fees.

Service of the Complaint

Because Williams was allowed to proceed without prepaying fees, federal law required the court to order the U.S. Marshals Service to serve the summonses and complaint. The court explained that Williams could not have served those papers until the court reviewed the complaint and ordered that summonses be issued.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each of these defendants: New York City Health & Hospitals Corporation, Dr. Ashwin Vasan, and Dr. Mitchell Katz. The Clerk was also instructed to issue summonses and give the U.S. Marshals Service the documents needed to serve them.

Ruling and Further Instructions

Judge J. Paul Oetken ordered the Clerk to complete the service forms using the defendants’ listed addresses and deliver the necessary documents to the U.S. Marshals Service. If service was not completed within 90 days after the summonses were issued, Williams was instructed to request more time. She was also required to notify the court in writing if her address changed, and the court stated that it might dismiss the action if she failed to do so.

This order addressed the mechanics of serving the defendants. It did not decide the merits of Williams’s religion- or disability-discrimination claims.