Wilson v. Mid-Hudson Forensic Psychiatric Center
- Cathy Seibel
- 7:23-cv-08911
- U.S. District Court · Southern District of New York
- 3
In Wilson v. Mid-Hudson, Judge Seibel ordered the Marshals Service to serve the discrimination complaint.
Sarita Wilson and the entities involved in service: Mid-Hudson Forensic Psychiatric Center and the New York State Office of Mental Health.
What happened
In Wilson v. Mid-Hudson Forensic Psychiatric Center, Sarita Wilson, representing herself, sued her employer under federal and New York law, alleging religious discrimination. The court had already allowed her to proceed without paying filing fees in advance.
The court directed the Clerk of Court to issue a summons and prepare the paperwork needed for the U.S. Marshals Service to serve Mid-Hudson Forensic Psychiatric Center. It also directed service on the New York State Office of Mental Health because Mid-Hudson is an Office of Mental Health facility, although Wilson did not sue that office.
Judge Cathy Seibel’s order addressed service of the lawsuit, not whether Wilson’s discrimination claims were valid. The court stated that service must occur within 90 days after the summons is issued, unless Wilson requests more time, and required her to notify the court if her address changes.
The detailed version
- Wilson v. Mid-Hudson Forensic Psychiatric Center · No. 7:23-cv-08911
- Cathy Seibel
- Oct. 16, 2023
Background
Sarita Wilson filed a self-represented lawsuit against Mid-Hudson Forensic Psychiatric Center under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. She alleges that her employer discriminated against her because of her religion. The court had previously granted her permission to proceed without prepaying filing fees.
Service of Process
Because Wilson was allowed to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to serve the lawsuit. The court extended the service deadline so that the 90-day period would run from the date the summons was issued, rather than from the date the complaint was filed.
The court instructed the Clerk of Court to issue a summons for Mid-Hudson Forensic Psychiatric Center, complete the U.S. Marshals Service Process Receipt and Return form, and send the necessary documents to the Marshals Service. The court also directed service on the New York State Office of Mental Health because Mid-Hudson is an Office of Mental Health facility, while noting that Wilson did not sue the Office of Mental Health.
Ruling and Effect
Judge Cathy Seibel entered an order directing the Clerk of Court to mail Wilson an information package, issue the summonses, and provide the service materials to the Marshals Service. The order states that Wilson must request an extension if the complaint is not served within 90 days after the summons is issued. It also states that she must notify the court in writing if her address changes and that the action may be dismissed if she fails to do so. The order did not decide the merits of Wilson’s discrimination allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.