Mendez v. Commissioner Molly Waslow Park
- Edgardo Ramos
- 1:24-cv-02486
- U.S. District Court · Southern District of New York
- 6
In Mendez v. Park, Judge Ramos dismissed two city agencies, substituted New York City, and ordered service of the claims.
Franklin Mendez’s claims against the New York City Department of Homeless Services and Human Resources Administration were dismissed as claims against those agencies; the action was redirected to the City of New York and Commissioner Molly Waslow Park, who were to be served by the U.S. Marshals Service.
What happened
In Franklin Mendez v. Molly Waslow Park, Mendez, representing himself, brought claims under the Americans with Disabilities Act, the Fair Housing Act, and state law. The court had allowed him to proceed without paying filing fees upfront.
The court ruled that the New York City Department of Homeless Services and Human Resources Administration cannot be sued as separate city agencies. It therefore dismissed those agencies and treated the complaint as asserting claims against New York City instead.
Judge Ramos directed the Clerk to amend the case caption, issue summonses for New York City and Commissioner Molly Waslow Park, and have the U.S. Marshals Service serve them. The court also denied fee-waiver status for any appeal from this order.
The detailed version
- Mendez v. Commissioner Molly Waslow Park · No. 1:24-cv-02486
- Edgardo Ramos
- Apr. 12, 2024
Background
Franklin Mendez, who was representing himself, brought claims under the Americans with Disabilities Act, the Fair Housing Act, and state law. The court had granted him permission to proceed without paying filing fees upfront. The order was an initial review of the complaint under the statute governing cases filed without prepayment of fees.
Claims Against the City Agencies
The court held that the New York City Department of Homeless Services and the New York City Human Resources Administration could not be sued as separate entities because New York City agencies generally are not entities that can be sued. The court dismissed those two agencies from the action.
Because Mendez’s complaint clearly intended to assert claims against New York City, the court construed the complaint as asserting claims against the City and directed the Clerk of Court to amend the caption to add the City of New York. The court stated that this amendment did not prevent the City from raising defenses.
Service of Process
Because Mendez was proceeding without prepaying fees, the court directed the Clerk to issue summonses for the City of New York and Commissioner Molly Waslow Park and to provide the necessary documents to the U.S. Marshals Service for service. The court stated that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Mendez should request more time. The court also required him to notify the court in writing if his address changes.
Conclusion and Classification
The court dismissed the Department of Homeless Services and the Human Resources Administration, replaced those agencies in the caption with the City of New York, and directed the issuance and service of process on the City and Commissioner Park. The court did not decide the underlying Americans with Disabilities Act, Fair Housing Act, or state-law claims. It also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. This is a procedural order because it concerns initial screening, proper parties, and service rather than the merits of the claims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.