Gibson v. The City Municipality of New York

Background

Bennie Gibson, who was representing himself, brought this action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by persons acting under state law. The opinion states that Gibson was currently detailed in the North Infirmary Command on Rikers Island. He alleged that the defendants violated his federal constitutional rights.

The court stated that Gibson had submitted an identical complaint against the same defendants in another action, No. 25-CV-6009 (LTS), which was pending before the court.

Ruling

The court dismissed the complaint as duplicative because it raised the same claims as the pending action. The dismissal was without prejudice to Gibson’s pending case under docket number 25-CV-6009 (LTS). The court explained that it ordinarily dismisses the action with the higher case number, but dismissed this lower-numbered action because the complaint was photocopied in a way that made it virtually illegible.

The court directed the Clerk of Court not to charge Gibson the $350 filing fee for this action. It also directed the official having custody of Gibson not to deduct or encumber funds from his prison trust account for this lawsuit.

Chief United States District Judge Laura Taylor Swain certified that any appeal would not be taken in good faith and therefore denied permission to appeal without paying the required fees. The court directed the Clerk to enter judgment in this action.