Scodtt v. NYC Department of Homeless Services
- Vyskocil
- 1:24-cv-02132
- U.S. District Court · Southern District of New York
- 4
In Scodtt v. NYC Department of Homeless Services, Judge Vyskocil ordered U.S. Marshals service of the complaint but did not decide the discrimination claims.
Kiannaa Scodtt and the NYC Department of Homeless Services; the order directs the Clerk and U.S. Marshals Service to complete service and addresses Scodtt’s ability to appeal without prepaying fees.
What happened
Kiannaa Scodtt, who is representing herself, sued the NYC Department of Homeless Services under Title VII, alleging that her employer discriminated against her because of her religion. The court also treated her complaint as raising claims under New York State and New York City human-rights laws.
Because the court had already allowed Scodtt to proceed without paying filing fees, it directed the Clerk of Court to issue a summons, complete the required service form, and send the documents to the U.S. Marshals Service. The court extended the service deadline to 90 days after the summons is issued.
Judge Mary Kay Vyskocil also directed the Clerk to mail Scodtt an information package and warned that she must notify the court of any address change. The court denied fee-free status for any appeal from this order, and it did not rule on whether the alleged discrimination occurred.
The detailed version
- Scodtt v. NYC Department of Homeless Services · No. 1:24-cv-02132
- Vyskocil
- May 8, 2024
Background
Kiannaa Scodtt, proceeding without a lawyer, brought an action under Title VII of the Civil Rights Act of 1964. She alleged that her employer discriminated against her based on her religion. The court construed the complaint as also asserting claims under the New York State Human Rights Law and the New York City Human Rights Law.
The court had previously granted Scodtt permission to proceed without prepaying filing fees. In this order, the court addressed how the defendant would be served with the lawsuit.
Service of Process
Because Scodtt was permitted to proceed without prepaying fees, she could rely on the court and the U.S. Marshals Service to serve the defendant. The court instructed the Clerk of Court to issue a summons for the NYC Department of Homeless Services, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and deliver the necessary paperwork to the Marshals Service.
The court explained that the usual 90-day service period runs from the date the complaint is filed, but that a plaintiff proceeding without prepaying fees cannot serve the summons and complaint until the court reviews the complaint and orders the summons issued. The court therefore extended Scodtt’s time to serve the defendant until 90 days after the summons is issued. If service is not completed within that period, Scodtt should request an extension.
Other Instructions and Disposition
The court directed the Clerk to mail Scodtt an information package. It also stated that she must notify the court in writing if her address changes and that the action may be dismissed if she fails to do so. The court said she may receive court documents by email if she completes the consent form, but then she would no longer receive documents by regular mail.
The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the merits of Scodtt’s discrimination allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.