Strachn v. NYPD

Background

Kawahn Strachn brought this action under 42 U.S.C. § 1983, a federal law allowing claims against certain government actors for violations of constitutional rights. He was representing himself. The opinion does not describe the specific constitutional-rights allegations.

The court had previously allowed Strachn to proceed without prepaying the filing fee and had directed the U.S. Marshals Service to serve City of New York, Officer Gomez, Officer Frias Railyng, and Lieutenant Edmonds. A Marshal’s Process Receipt and Return of Service showed that service had not been completed for Lieutenant Edmonds and Officer Gomez. Strachn asked the Marshal’s Service to try serving those defendants at a new address.

Order

The court instructed the Clerk of Court to complete the required service forms with addresses for Officer Gomez and Lieutenant Edmonds and to provide the U.S. Marshals Service with the documents needed to attempt service. The court also instructed the Clerk to mail the order to Strachn.

The court extended Strachn’s deadline to serve Gomez and Edmonds to September 30, 2020. It did not decide the underlying constitutional claims or otherwise resolve the lawsuit’s merits.

Appeal-fee ruling

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees. The opinion cites the Supreme Court’s explanation that good faith requires seeking review of a nonfrivolous issue.