Kiraka v. Success Academy Charter School, Hudson Yards
- Garnett
- 1:24-cv-02354
- U.S. District Court · Southern District of New York
- 3
Kiraka v. Success Academy, Judge Garnett ordered service of the complaint through federal marshals after granting Kiraka permission to proceed without fees.
Lilian Kiraka and the three named defendants: Success Academy Charter School, Hudson Yards; and Principal Kaleigh Maines.
What happened
In Kiraka v. Success Academy Charter School, Hudson Yards, Lilian Kiraka, who is representing herself, alleges that Success Academy Charter School, Hudson Yards, and Principal Kaleigh Maines violated her rights. The court understood her allegations to raise claims under disability-education and disability-rights laws, as well as state law.
The court had already allowed Kiraka to proceed without paying filing fees in advance. Because of that permission, the court directed the Clerk of Court to prepare summonses and paperwork so the U.S. Marshals Service could serve the defendants.
Judge Margaret M. Garnett also directed the Clerk to mail Kiraka an information package. The court said service must occur within 90 days after summonses are issued, and Kiraka must notify the court of any address change. The order did not decide whether her claims were valid.
The detailed version
- Kiraka v. Success Academy Charter School, Hudson Yards · No. 1:24-cv-02354
- Garnett
- Apr. 23, 2024
Background
Lilian Kiraka filed an action against Success Academy Charter School, Hudson Yards, and Kaleigh Maines, identified in the caption as a principal. Kiraka is proceeding without a lawyer. The court construed her allegations as asserting claims under the Individuals with Disabilities Education Act, Title II of the Americans with Disabilities Act, the Rehabilitation Act, and state law.
By an April 16, 2024 order, the court granted Kiraka permission to proceed without prepaying filing fees. The order concerns service of process—the formal delivery of the summons and complaint to the defendants—and does not resolve the underlying claims.
Court’s Action
Because Kiraka was allowed to proceed without prepaying fees, the court stated that she could rely on the court and the U.S. Marshals Service to carry out service. The Clerk of Court was instructed to complete U.S. Marshals Service Process Receipt and Return forms for the defendants, issue summonses, and provide the Marshals Service with the documents needed for service.
The court extended the service deadline to 90 days after summonses are issued because Kiraka could not have arranged service before the court reviewed the complaint and ordered the summonses. The order states that Kiraka should request an extension if the complaint is not served within that period. It also requires her to notify the court in writing if her address changes and states that the action may be dismissed if she fails to do so.
Disposition and Effect
Judge Margaret M. Garnett directed the Clerk to issue summonses for Success Academy Charter School, Hudson Yards, and Principal Kaleigh Maines; complete the service forms with the defendants’ addresses; deliver the necessary documents to the U.S. Marshals Service; and mail Kiraka an information package. The opinion does not state that service had already occurred, and it does not decide the merits of Kiraka’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.