Fredericks v. New York City Department of Education
- Katherine Failla
- 1:24-cv-01112
- U.S. District Court · Southern District of New York
- 4
In Fredericks v. New York City Department of Education, Judge Failla ordered the U.S. Marshals Service to serve the defendant after granting Fredericks permission to proceed without prepaying fees.
Shakeerah Imani Fredericks and the New York City Department of Education; the Clerk of Court and U.S. Marshals Service are responsible for carrying out the service instructions.
What happened
Fredericks v. New York City Department of Education concerns Shakeerah Imani Fredericks’s claims that her employer discriminated against her because of a disability. She brought claims under the Americans with Disabilities Act, New York State Human Rights Law, and New York City Human Rights Law, and she is proceeding without a lawyer.
The court had already allowed Fredericks to proceed without prepaying filing fees. Because of that permission, the court said she could rely on the court and the U.S. Marshals Service to serve the New York City Department of Education. The Clerk of Court was directed to issue the summons and provide the paperwork needed for service.
The court ordered that service occur within 90 days after the summons is issued, while explaining that Fredericks may request more time if necessary. Judge Katherine Polk Failla also directed Fredericks to notify the court in writing of any address change. The order addressed service and filing-fee procedures, not whether the discrimination claims were legally valid.
The detailed version
- Fredericks v. New York City Department of Education · No. 1:24-cv-01112
- Katherine Failla
- Mar. 12, 2024
Background
Shakeerah Imani Fredericks brought this action against the New York City Department of Education under the Americans with Disabilities Act of 1990, the New York State Human Rights Law, and the New York City Human Rights Law. She alleges that her employer discriminated against her because of her disability. The opinion states that Fredericks is proceeding without a lawyer.
In an earlier order dated February 15, 2024, the court granted Fredericks permission to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis. The court explained that, because Fredericks received that permission, she could rely on the court and the U.S. Marshals Service to serve the summons and complaint.
Service Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for the New York City Department of Education, issue the summons, and deliver the necessary documents to the Marshals Service. The court also directed the Clerk to mail and email Fredericks an information package and a copy of the order.
The court explained that service must occur within 90 days after the summons is issued. If service is not completed within that period, Fredericks should request an extension of time. She must also notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so.
Disposition
The court entered an order directing the Clerk to issue the summons and arrange for service through the U.S. Marshals Service. The order did not decide the merits of Fredericks’s disability-discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.