Fate v. Yonkers Police Dept.
- Laura Swain
- 1:24-cv-04100
- U.S. District Court · Southern District of New York
- 3
In Fate v. Yonkers Police Dept., Judge Swain denied fee-free status and dismissed the complaint without prejudice under the prisoner three-strikes rule.
Forest L. Fate Sr.’s ability to pursue this case without prepaying the filing fee. The complaint was dismissed without prejudice, and he remained barred from proceeding without prepaying fees while in custody absent an imminent threat of serious physical injury.
What happened
In Fate v. Yonkers Police Dept., Forest L. Fate Sr. sued the Yonkers Police Department, the City of Yonkers Commissioner, and the Westchester County Commissioner. He represented himself, was detained when he filed the case, and alleged that he was falsely arrested and subjected to excessive force. He asked to proceed without paying the filing fee.
The court said Fate had at least three prior qualifying dismissals, so federal law generally barred him from proceeding without paying the fee while detained. The complaint did not show that he faced an immediate danger of serious physical injury when he filed it, which is the exception to that rule.
Judge Laura Taylor Swain denied Fate’s request to proceed without paying the fee and dismissed the complaint without prejudice under the prisoner three-strikes rule. The court entered judgment and also denied fee-free status for any appeal because it certified that an appeal would not be taken in good faith.
The detailed version
- Fate v. Yonkers Police Dept. · No. 1:24-cv-04100
- Laura Swain
- June 6, 2024
Background
Forest L. Fate Sr. brought this civil action against the Yonkers Police Department, the City of Yonkers Commissioner, and the Westchester County Commissioner. The opinion states that Fate was detained at the Westchester County Jail when he filed the complaint and that he represented himself. He requested permission to proceed without prepaying the filing fee. His allegations included that he was falsely arrested on April 5, 2024, and that officers used excessive force during the arrest.
Three-strikes rule
The Prison Litigation Reform Act bars a detained prisoner from bringing a civil action without prepaying the filing fee if the prisoner has, on three or more prior occasions while incarcerated or detained, brought an action or appeal that was dismissed as frivolous, malicious, or for failing to state a claim. The exception applies when the prisoner is under an imminent danger of serious physical injury. The court relied on an earlier order discussing Fate’s litigation history and identifying four qualifying dismissals.
The court held that Fate was barred from proceeding without prepaying the filing fee. Although he alleged a past false arrest and excessive force, the complaint did not show that he faced an imminent danger of serious physical injury when he filed it. The court noted that the relevant danger must exist at the time the complaint is filed.
Ruling
Judge Laura Taylor Swain denied Fate’s request to proceed without prepaying the filing fee, and the complaint was dismissed without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The court stated that Fate remained barred from filing future actions without prepaying fees while he was in custody unless he faced an imminent threat of serious physical injury. The opinion also states that, because Fate was no longer in custody, he could start a new action by filing a new complaint and either paying the filing fee or submitting a new request to proceed without prepayment; any such request would be subject to statutory screening. The court directed the Clerk to enter judgment and certified that any appeal would not be taken in good faith, so fee-free status was denied for an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.