Staley v. Smart
- John Cronan
- 1:23-cv-03546
- U.S. District Court · Southern District of New York
- 5
In Staley v. Smart, Judge Cronan added the Transit Authority as a defendant and ordered Marshals service in Staley’s discrimination case.
Anthony T. Staley, the New York City Transit Authority, Helen Smart, Felicia Blakes, Jermaine Jackson, and “Ms. Collington.”
What happened
Anthony T. Staley v. Helen Smart et al. is a self-represented employment-discrimination case. Staley brought claims under federal disability, rehabilitation, age, employment-discrimination, and race-discrimination laws, as well as related New York laws. He was permitted to proceed without prepaying court fees.
The court directed the Clerk to add the New York City Transit Authority as a defendant because Staley identified it as his former employer and filed his discrimination charge against it. The court also ordered the U.S. Marshals Service to serve the Transit Authority, Helen Smart, Felicia Blakes, Jermaine Jackson, and “Ms. Collington.”
Judge John P. Cronan did not decide whether Staley’s discrimination claims were valid. The order required service within 90 days after the summonses are issued, allowed Staley to request more time if necessary, and denied fee-free status for any appeal from this order.
The detailed version
- Staley v. Smart · No. 1:23-cv-03546
- John Cronan
- Apr. 28, 2023
Background
Anthony T. Staley filed this self-represented lawsuit under the Americans with Disabilities Act, the Rehabilitation Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1981. The court also construed the complaint as asserting claims under the New York State Human Rights Law and the New York City Human Rights Law. The court had granted Staley permission to proceed without prepaying filing fees.
Staley identified the New York City Transit Authority as his former employer and stated that he had filed his discrimination charge with the Equal Employment Opportunity Commission against that entity.
Adding a Defendant
Under Federal Rule of Civil Procedure 21, the court directed the Clerk of Court to add the New York City Transit Authority to the docket as a defendant. The court stated that this addition did not prevent the Transit Authority from raising any defenses.
Service of the Lawsuit
Because Staley was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk was directed to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed for service.
The defendants identified for service were the New York City Transit Authority, Helen Smart, Felicia Blakes, Jermaine Jackson, and “Ms. Collington.” The court stated that service must occur within 90 days after the summonses are issued. If service does not occur within that period, Staley was told to request an extension. The court also required him to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.
Disposition
The court ordered the Clerk to add the New York City Transit Authority as a defendant and to arrange the paperwork needed for Marshals service. The court did not reach the merits of Staley’s discrimination claims. It also certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order was signed by Judge John P. Cronan.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.