Frost v. City of New York

Background

Yvonne Frost brought this action against City of New York (HRA). The opinion says she represented herself and had been allowed to proceed without prepaying the filing fee. Frost alleged, among other things, that defendants were taking her money and had twice taken or interfered with an award. She also included allegations about a key, marriage, a vision, and money for a cigar.

Legal standard

Under 28 U.S.C. § 1915(e)(2)(B), the court must dismiss a complaint filed without prepaying fees if it is frivolous, malicious, fails to state a claim for relief, or seeks money from an immune defendant. The court must also dismiss when it lacks subject-matter jurisdiction, meaning authority to decide the case. Although courts read self-represented complaints generously, a claim is frivolous when it has no arguable basis in law or fact, including when its factual allegations are irrational or wholly incredible.

Court’s analysis

The court stated that, even when read with the special consideration given to self-represented pleadings, Frost’s claims were irrational and had no legal theory supporting them. It therefore dismissed the action as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).

The court explained that self-represented plaintiffs are generally given an opportunity to amend a defective complaint, but amendment is unnecessary when it would be futile. It concluded that the defects could not be cured by amendment and declined to grant Frost leave to amend.

Disposition

Chief Judge Colleen McMahon dismissed Frost’s complaint as frivolous. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to mail Frost a copy of the order and record service on the docket.