Salaam v. City of New York

Background

Aziz Salaam filed this action against the City of New York, Commissioner Louis Molina, the New York City Department of Correction, and Warden Joseph Caputo. The opinion states that Salaam is incarcerated at the Anna M. Kross Center on Rikers Island and is proceeding without a lawyer.

A prisoner filing a civil action must either pay the required fees or request permission to proceed without prepayment of fees. Salaam submitted his complaint without paying the fees and without a completed application or prisoner authorization.

Court’s Order

The court ordered Salaam to do one of two things within 30 days of the order: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit the attached application to proceed without prepayment and prisoner authorization forms. The prisoner authorization would allow the facility to deduct the $350 filing fee from Salaam’s account in installments and provide the court with certified account statements for the previous six months. The court noted that the $52 administrative fee does not apply to a person granted permission to proceed without prepayment.

No summons would issue at that time. If Salaam complied, the case would be processed under the Clerk’s Office procedures. If he did not comply within the allowed period, the action would be dismissed.

Appeal and Caution

Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a filing “strike” under the prisoner litigation statute. This order addressed filing requirements and did not decide the merits of Salaam’s claims.