Persaud v. Metropolitan Transportation Authority
1:25-cv-04600
S.D.N.Y.Aug 5, 2025Background
- Steven Persaud, representing himself, brought a lawsuit alleging employment discrimination and retaliation against the Metropolitan Transportation Authority (MTA) and several of its subdivisions under Title VII and New York State/City Human Rights Laws.
- Persaud seeks damages, backpay, and injunctive relief.
- The plaintiff was granted permission to proceed in forma pauperis (IFP), meaning he does not need to pay court fees.
- The court found that only the MTA should remain as a defendant since the other named entities (NYCT, "MTA Headquarters (HQ)," MaBSTOA) are all subdivisions of the MTA, rendering their inclusion duplicative.
- The court provided instructions for service of process to be carried out by the U.S. Marshals Service due to Persaud's IFP status.
- Persaud was advised to update the court with any address changes and informed that failure to do so may result in dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether all MTA subdivisions should be defendants | All involved in discrimination | Not addressed on the merits | Only MTA should remain as defendant |
| Whether IFP status allows court-initiated service | Cannot pay for service | Not contested | Court will order USMS to serve |
| Whether summons must be served within strict 90 days | Needs more time due to IFP status | Not contested | Extension granted for service |
| Whether an appeal from this order may be taken IFP | Should be permitted | Not addressed | Appeal IFP status denied |
Key Cases Cited
- Coppedge v. United States, 369 U.S. 438 (1962) (explains that IFP status for appeals is only granted if the appeal is taken in good faith)
- Meilleur v. Strong, 682 F.3d 56 (2d Cir. 2012) (plaintiff remains responsible for service, even when proceeding IFP)
- Walker v. Schult, 717 F.3d 119 (2d Cir. 2013) (court and USMS must assist with service in IFP cases)
- Anwar v. Fairfield Greenwich Ltd., 118 F. Supp. 3d 591 (S.D.N.Y. 2015) (courts may drop parties to streamline litigation under Rule 21)
