Lu v. Hermans
- Nelson Roman
- 7:24-cv-01023
- U.S. District Court · Southern District of New York
- 3
In Lu v. Hermans, Judge Roman ordered U.S. Marshals service for the pro se civil-rights retaliation suit and denied fee-free status for any appeal.
Tanqiao Lu, George Hermans, Sulahuddeen Azim, Westchester County, the Clerk of Court, and the U.S. Marshals Service.
What happened
Lu v. Hermans is a civil-rights case brought by Tanqiao Lu, who is incarcerated at the Westchester County Jail and is representing himself. He alleges that George Hermans, Sulahuddeen Azim, and Westchester County violated the First Amendment by retaliating against him.
The court had already allowed Lu to proceed without paying court fees in advance. This order directed the Clerk to issue summonses, prepare service forms, and send the necessary documents to the U.S. Marshals Service so the defendants could be served. It also extended the service period to 90 days after the summonses are issued and told Lu to request more time if service is not completed.
Judge Nelson S. Roman ordered service of the lawsuit but did not decide whether Lu’s retaliation claim is valid. The court also ruled that Lu could not proceed without paying fees if he appeals this order, because any appeal would not be taken in good faith.
The detailed version
- Lu v. Hermans · No. 7:24-cv-01023
- Nelson Roman
- Mar. 12, 2024
Background
Tanqiao Lu, who is incarcerated at the Westchester County Jail, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. He alleges a First Amendment retaliation claim against Captain George Hermans, Officer Sulahuddeen Azim, and Westchester County. The opinion does not describe the underlying events or explain the substance of the alleged retaliation.
The court had previously granted Lu permission to proceed without prepaying filing fees. Because Lu was proceeding this way, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The opinion also noted that prisoners remain responsible for paying the full filing fee over time, even when granted this permission.
Order
The court ordered the Clerk of Court to issue summonses for George Hermans, Sulahuddeen Azim, and Westchester County; complete the required U.S. Marshals Service forms with the defendants’ addresses; and provide the Marshals Service with the documents needed to serve them. The court stated that service must occur within 90 days after the summonses are issued. If service is not completed by then, Lu should request an extension. Lu must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.
Appeal and Effect
Judge Nelson S. Roman certified that an appeal from this order would not be taken in good faith and denied Lu permission to proceed without prepaying fees for an appeal. The order concerns service and appeal-fee status; it does not decide the merits of Lu’s First Amendment retaliation claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.