Willis v. New York City Department of Homeless Services

Background

Rodney Willis, proceeding without a lawyer, brought claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, the New York State Human Rights Law, and the New York City Human Rights Law. He alleged that his employer discriminated against him based on race and sex. The court construed the complaint as including a claim under the New York City Human Rights Law because the allegations suggested a possible violation of that law.

The court had previously allowed Willis to proceed without prepaying filing fees. In reviewing a complaint filed under that status, the court must dismiss claims that are frivolous, malicious, fail to state a claim, seek monetary relief from an immune defendant, or fall outside the court’s subject-matter jurisdiction. The opinion’s ruling did not address the merits of Willis’s discrimination allegations.

Rulings

The court dismissed Willis’s claims against the New York City Department of Homeless Services because, under the New York City Charter, a City agency generally is not an entity that can be sued. The court construed Willis’s complaint as asserting claims against the City of New York and directed the Clerk of Court to replace the Department of Homeless Services with the City in the case caption under Federal Rule of Civil Procedure 21. The opinion states that this amendment was without prejudice to defenses the City may assert; it does not add a similar qualifier to the dismissal of the claims against the Department.

The court directed the Clerk of Court to issue summonses for the City of New York, Kevin Perdomo, and Denise Turner; complete the required service forms with their addresses; and provide the necessary documents to the U.S. Marshals Service. Because Willis was proceeding without prepaying fees, the Marshals Service would carry out service. The court stated that service was to occur within 90 days after summonses were issued, rather than 90 days after the complaint was filed. Willis was also required to notify the court in writing of any address change, and the court stated that failure to do so could result in dismissal.

Disposition and Scope

The order dismisses the claims against the Department of Homeless Services, adds the City of New York as a defendant, and directs service on the City, Perdomo, and Turner. It does not resolve whether any defendant discriminated against Willis or decide the ultimate validity of his federal, state, or city discrimination claims. Judge Jessica G. L. Clarke issued the order.