Kulisz v. The City of New York
- Tarnofsky
- 1:26-cv-00981
- U.S. District Court · Southern District of New York
- 2
Kulisz and Kenan v. City of New York: Judge Tarnofsky ordered Marshals service and denied fee-free appeal status.
Magdalena Kulisz and Shahar Kenan, the unrepresented plaintiffs, and the four named police defendants whose service will be handled through the U.S. Marshals Service.
What happened
In Magdalena Kulisz and Shahar Kenan v. The City of New York, et al., the plaintiffs, who have no lawyer, allege that New York City and NYPD members violated their constitutional rights during a wellness check.
Because the plaintiffs were allowed to proceed without paying court fees, the court directed the Clerk to prepare summonses and paperwork so the U.S. Marshals Service could serve four named police defendants. The plaintiffs must also notify the court if their address changes.
Judge Robyn F. Tarnofsky ordered the Clerk to complete the service forms and deliver the documents to the Marshals Service. She also denied permission to proceed without paying fees for any appeal from this order, finding that an appeal would not be taken in good faith.
The detailed version
- Kulisz v. The City of New York · No. 1:26-cv-00981
- Tarnofsky
- July 20, 2026
Background
Magdalena Kulisz and Shahar Kenan filed this action under 42 U.S.C. § 1983, a federal law allowing claims against state or local officials for violating federal rights. They allege that the City of New York and members of the New York City Police Department violated their Fourth and Fourteenth Amendment rights when they searched and seized the plaintiffs’ apartment during a wellness check on January 17, 2025. The opinion states that the plaintiffs are proceeding without a lawyer.
The court had previously granted the plaintiffs permission to proceed without prepaying court fees. In such cases, federal law requires the court to direct the U.S. Marshals Service to serve the summonses and complaint.
Order
The court extended the time for service until 90 days after the summonses are issued. It instructed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and provide the Marshals Service with the paperwork needed to serve PO Rubenia Canas, LT Alexander Avdic, PO Anthony Mehale, and PO Tiffany Moran. The opinion identifies each defendant by name and tax registry number but does not provide the addresses in its text.
The plaintiffs must notify the court in writing if their address changes. The court stated that the action may be dismissed if they fail to do so.
Disposition
Judge Robyn F. Tarnofsky ordered the Clerk to complete the service forms and deliver the necessary documents to the Marshals Service. The court also certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not decide whether the alleged search or seizure violated the plaintiffs’ constitutional rights.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.