MacNeal v. New York City Commission on Human Rights

Background

Kelly MacNeal, who is representing herself, filed claims under Title II of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans with Disabilities Act, and New York State and New York City human-rights laws. She alleges discrimination based on race and disability. Because the complaint also alleges conspiracy and other violations connected to her involuntary hospitalization, the court construed it as including claims under 42 U.S.C. §§ 1983 and 1985.

The court had previously granted MacNeal permission to proceed without paying filing fees in advance. A person proceeding under that permission may rely on the court and the U.S. Marshals Service to serve the defendants.

Order

The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service. The defendants identified for service are the New York City Commission on Human Rights, Sapna Raj, and Jacqueline Rios.

The court extended the time for service to 90 days after the summonses are issued. If the complaint is not served within that period, MacNeal should request an extension of time. The court also required her to notify the court in writing if her address changes and stated that the action may be dismissed if she fails to do so.

Disposition and significance

This is an order concerning service of process, not a decision on whether MacNeal's discrimination, conspiracy, or other claims are legally valid. The court ordered the summonses and service materials to be provided to the U.S. Marshals Service.