Davidson v. Office of Court Administration
- Paul Gardephe
- 1:22-cv-08936
- U.S. District Court · Southern District of New York
- 7
In Davidson v. Office of Court Administration, Judge Gardephe dismissed claims against Judge Ferdinand and ordered service on other defendants.
Ronald Davidson’s case may continue against the Office of Court Administration, Lawrence Marks, Alia Razzaq, John Sullivan, and an unidentified John Doe defendant, subject to service and later competency proceedings. His claims against Judge Ferdinand were dismissed under judicial immunity.
What happened
In Davidson v. Office of Court Administration, Ronald Davidson alleges that defendants failed to provide reasonable accommodations for his disability so he could participate in New York City Housing Court proceedings. He is representing himself and was allowed to proceed without paying filing fees in advance.
The court dismissed Davidson’s claims against Judge Ferdinand because judges are protected from lawsuits for actions taken in their judicial roles. The court ordered the U.S. Marshals Service to serve the Office of Court Administration, Lawrence Marks, Alia Razzaq, and John Sullivan. It also directed the New York State Attorney General’s Office to identify the John Doe defendant and address where that person could be served.
Judge Gardephe ordered that the court later address whether Davidson is competent to litigate the case and whether a guardian should be appointed. The court also denied fee-free status for any appeal, stating that an appeal would not be taken in good faith.
The detailed version
- Davidson v. Office of Court Administration · No. 1:22-cv-08936
- Paul Gardephe
- Dec. 13, 2022
Background
Ronald Davidson, who is representing himself, sued the Office of Court Administration, Lawrence Marks, Alia Razzaq, Tracey Ferdinand, John Sullivan, John Doe, and Denis Kehoe under the Americans with Disabilities Act and the Rehabilitation Act. He alleges that he has a disability resulting from a traumatic brain injury and that, beginning in December 2019, defendants failed to provide reasonable accommodations—such as audio recordings of conferences—needed for him to participate in a New York State Housing Court case.
The court had allowed Davidson to proceed without paying filing fees in advance. It therefore screened the complaint under the statute governing such cases, which requires dismissal of claims that are frivolous, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s jurisdiction.
Ruling on Judge Ferdinand
The court dismissed Davidson’s claims against Judge Ferdinand as frivolous under 28 U.S.C. § 1915(e)(2)(B), applying absolute judicial immunity. That doctrine generally protects judges from damages claims based on actions taken within their judicial responsibilities, including managing cases and court proceedings. The court found that Davidson had not alleged facts showing that Judge Ferdinand acted outside her judicial role or jurisdiction. The opinion does not state that the court reached the merits of Davidson’s disability-discrimination allegations against the other defendants.
Service on Other Defendants
The court ordered the Clerk of Court to issue summonses and prepare service paperwork for the Office of Court Administration, Lawrence Marks, Alia Razzaq, and John Sullivan. Because Davidson is proceeding without paying filing fees, the U.S. Marshals Service will handle service. The court extended the service deadline to 90 days after the summons is issued.
The court also directed the New York State Attorney General’s Office to identify the John Doe defendant and provide that person’s service address within 60 days. Within 30 days after receiving that information, the court stated that it would direct the Clerk to add the defendant to the complaint’s caption and arrange service if necessary.
Competency and Appeal
Because Davidson reported that his competency had been questioned in the related Housing Court matter, the court stated that, after defendants appear, it will schedule a hearing under Rule 17 of the Federal Rules of Civil Procedure to determine whether he is competent to litigate and whether a guardian ad litem—a person appointed to represent someone who cannot adequately protect their own interests—should be appointed.
The court certified that any appeal from this order would not be taken in good faith and denied Davidson permission to proceed without prepaying appellate fees. Judge Paul G. Gardephe signed the order.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.