Salaam v. City of New York
- Laura Swain
- 1:23-cv-08228
- U.S. District Court · Southern District of New York
- 2
In Salaam v. City of New York, Judge Swain dismissed the action after Salaam failed to amend, dismissing Section 1983 claims and declining to consider state-law claims.
Aziz Salaam's federal civil-rights claims under Section 1983 were dismissed, and the court declined to consider his state-law claims. The action was dismissed, and permission to proceed without paying court fees for an appeal was denied.
What happened
In Salaam v. City of New York, the court had given Aziz Salaam 60 days to file an amended complaint and warned that failing to do so would lead to dismissal.
Salaam did not file an amended complaint. The court therefore dismissed his claims under Section 1983 for failing to state a claim for which relief could be granted and declined to consider his state-law claims.
Judge Laura Taylor Swain directed the clerk to enter judgment dismissing the action. She also ruled that an appeal would not be taken in good faith and denied permission to proceed without paying court fees for an appeal.
The detailed version
- Salaam v. City of New York · No. 1:23-cv-08228
- Laura Swain
- Feb. 8, 2024
Background
The court had previously allowed Aziz Salaam to file an amended complaint within 60 days. That order warned that failure to comply would result in dismissal. It also stated that the court would dismiss Salaam's claims under 42 U.S.C. § 1983 for failure to state a claim on which relief could be granted and would decline to consider his state-law claims under supplemental jurisdiction, which is a federal court's authority to hear related state-law claims.
Ruling
Because Salaam did not file an amended complaint, the court dismissed the action. It dismissed his Section 1983 claims for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii) and declined to consider his state-law claims under 28 U.S.C. § 1367(c)(3). The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying court fees for an appeal. Judge Laura Taylor Swain directed the clerk to issue a judgment dismissing the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.