Azor El v. Salov

Background

Jean Azor El, proceeding without a lawyer, brought an action against Anthony Salov and Robert Forgione of the Harrison Police Department and Richard Didonato and Darwin Marrero of the New York City Police Department. The opinion says he was being held at the North Infirmary Command on Rikers Island. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal civil-rights statute, and under state law. Azor El sought damages and asked the court to issue a “reparative injunction and stay” stopping his pending state-court criminal proceeding.

The court had previously allowed Azor El to proceed without paying filing fees at the outset. Because he was a prisoner proceeding without paying fees, the Prison Litigation Reform Act required the court to screen the complaint for claims that were frivolous, malicious, legally insufficient, or sought money from an immune defendant. The court also had to dismiss claims over which it lacked authority to act.

Ruling on Injunctive Relief

The court dismissed Azor El’s claims for injunctive relief under the Younger abstention doctrine. That doctrine generally prevents a federal court from stopping a pending state criminal proceeding unless the plaintiff shows special circumstances, such as bad faith, harassment, or immediate and serious irreparable injury. The court found that Azor El had alleged no facts showing any of those circumstances. The opinion does not state that the court decided whether his damages or state-law claims were valid.

Service and Other Directions

Because Azor El had been allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses and prepare service forms for Salov, Forgione, Didonato, and Marrero. The court directed the U.S. Marshals Service to serve the summonses and complaint. It extended the service deadline to 90 days after the summonses are issued. The court also required Azor El to notify it in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Disposition

The court dismissed Azor El’s claims for injunctive relief and directed service of the complaint on the four defendants. It certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order was signed by Judge Paul A. Engelmayer.