Song v. Becerra
- John Cronan
- 1:22-cv-09678
- U.S. District Court · Southern District of New York
- 5
In Song v. Becerra, Judge Cronan ordered service, denied counsel without prejudice, denied adding Dominique Stutts, and dismissed New York Human Rights Law claims.
Deming Song’s employment-discrimination case may proceed to service against Secretary Xavier Becerra, but Dominique Stutts will not be added as a defendant, and any New York State Human Rights Law claim against Stutts was dismissed. Song’s request for appointed counsel was denied without prejudice, and fee-free status was denied for an appeal.
What happened
In Song v. Becerra, Deming Song, representing himself, sued Xavier Becerra under federal employment-discrimination laws and New York’s Human Rights Law. Song alleges that his employer discriminated against him based on race, color, religion, sex, and national origin. The court had already allowed him to proceed without paying court fees in advance.
The court directed the Clerk to prepare documents so the U.S. Marshals Service could serve Becerra and the United States. It denied Song’s request for appointed volunteer counsel without prejudice because the case was still too early for the court to evaluate its merits. The court also denied Song’s request to add his supervisor, Dominique Stutts, and dismissed any New York Human Rights Law claim against Stutts.
Judge John P. Cronan ruled that Title VII and the Age Discrimination in Employment Act do not allow individual liability against supervisors and provide the exclusive judicial remedy for federal employees’ discrimination claims, leaving no basis to add Stutts or assert the state-law claim. The court also denied fee-free status for an appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Song v. Becerra · No. 1:22-cv-09678
- John Cronan
- Dec. 13, 2022
Background
Deming Song brought this action without a lawyer under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the New York State Human Rights Law. He alleges that his employer discriminated against him based on race, color, religion, sex, and national origin. The court had previously granted Song permission to proceed without prepaying filing fees.
Service of the Defendant
Because Song was proceeding without prepaying fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service process form for Secretary Xavier Becerra and to issue a summons. The Clerk was also directed to send the Marshals Service the order and other necessary paperwork so it could serve the United States. The court stated that Song was responsible for ensuring service within 90 days after the summons was issued and for notifying the court of any address change.
Request for Appointed Counsel
Song requested the appointment of volunteer counsel. The court considered the factors governing that request, including the apparent merits of the case, Song’s efforts to obtain a lawyer, and his ability to investigate and present the case without assistance. The court denied the request without prejudice because the case was too early for it to assess the merits. The order states that the request could potentially be renewed later.
Request to Add Dominique Stutts
Song asked to amend his complaint to add his supervisor, Dominique Stutts, as a defendant. The court denied that request. It explained that Title VII and the Age Discrimination in Employment Act do not provide for individual liability against supervisors. The court also held that Title VII and the Age Discrimination in Employment Act provide the exclusive judicial remedy for discrimination claims by federal employees, so Song could not assert a New York State Human Rights Law claim against Stutts. The court therefore dismissed any New York State Human Rights Law claim Song sought to assert against Stutts.
Disposition
The court directed service on Secretary Becerra through the U.S. Marshals Service, denied without prejudice Song’s request for appointed counsel, denied Song’s request to add Stutts as a defendant, and dismissed any New York State Human Rights Law claim against Stutts. It also certified that an appeal from the order would not be taken in good faith and denied Song permission to proceed without prepaying fees for an appeal.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.