Cruz v. New York City Transit
- Analisa Torres
- 1:24-cv-00089
- U.S. District Court · Southern District of New York
- 4
In Cruz v. New York City Transit, Judge Torres ordered the U.S. Marshals Service to serve defendants after allowing Cruz to proceed without paying court fees.
Marisol Cruz and the named defendants, including New York City Transit Authority – MTA and the seven individual defendants listed in the order.
What happened
In Cruz v. New York City Transit, Marisol Cruz, who is representing herself, alleged that her employer discriminated against her because of her religion and disability. She brought claims under federal, New York State, and New York City laws.
The court had already granted Cruz permission to proceed without paying court fees. Because of that permission, the court ordered the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve the named defendants.
Judge Torres did not decide whether Cruz’s discrimination claims were legally valid. The order also told Cruz to request more time if service was not completed within 90 days after the summonses were issued, and denied permission to appeal without paying fees.
The detailed version
- Cruz v. New York City Transit · No. 1:24-cv-00089
- Analisa Torres
- Jan. 9, 2024
Background
Marisol Cruz brought the action against New York City Transit and other defendants. The opinion states that Cruz was proceeding without a lawyer. She asserted claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. She alleged that her employer discriminated against her based on religion and disability.
The court had granted Cruz permission to proceed without paying court fees. This status is commonly called proceeding in forma pauperis, or IFP.
Service of the Lawsuit
Because Cruz had IFP status, the court stated that she could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was ordered to issue summonses, complete a service form for each defendant, and deliver the summonses and other necessary documents to the Marshals Service.
The defendants listed for service were New York City Transit Authority – MTA, Martense Avitus, Afiya Garcia-Austin, Tanya Forrester, Sandrea Flowers, Deborah Felice, Sade Kronagay, and R. Wallace. The order states that service must occur within 90 days after the summonses are issued. If service is not completed by then, Cruz should request an extension of time. The order also required Cruz to notify the court in writing if her address changes.
Disposition
This was an order directing service of the complaint; it did not decide the merits of Cruz’s discrimination claims. The Clerk of Court was also directed to mail Cruz an information package. Cruz could choose to receive case documents by email by completing the attached consent form.
Judge Analisa Torres certified that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.