K v. New York State
- Laura Swain
- 1:25-cv-03976
- U.S. District Court · Southern District of New York
- 1
In wee K v. New York State, Judge Swain’s court dismissed the complaint on immunity grounds and denied fee-free appeal status.
wee K’s complaint was dismissed, the case was closed, and fee-free status for an appeal was denied. New York State was the defendant protected by the immunity ruling.
What happened
In wee K v. New York State, the court entered judgment after relying on its August 13, 2025, order concerning wee K’s complaint against New York State. The opinion says the complaint was filed without paying the filing fee under a federal statute allowing that filing status.
The court dismissed the complaint based on New York State’s immunity under the Eleventh Amendment and because the complaint sought money from a defendant immune from that relief. The judgment does not provide additional details about the claims.
The court also certified that an appeal would not be taken in good faith and denied wee K the ability to appeal without paying the filing fee; the case was closed. Judge Laura Swain is identified as the judge in the supplied case information.
The detailed version
- K v. New York State · No. 1:25-cv-03976
- Laura Swain
- Sept. 23, 2025
Background
wee K sued New York State. The complaint was filed under 28 U.S.C. § 1915(a)(1), which permits a qualifying litigant to proceed without paying the filing fee. The judgment refers to the Court’s earlier Order dated August 13, 2025, but that Order is not included in the provided text.
Court’s ruling
The judgment states that the Court dismissed the complaint for two reasons: Eleventh Amendment immunity and the statutory bar on seeking monetary relief from a defendant immune from that relief. The judgment cites 28 U.S.C. § 1915(e)(2)(B)(Giii).
The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the August 13 Order would not be taken in good faith. It therefore denied filing-fee-free status for an appeal and closed the case. The judgment was entered on September 23, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.