Frost v. NYPD
- Colleen McMahon
- 1:20-cv-01789
- U.S. District Court · Southern District of New York
- 2
In Frost v. NYPD, Judge McMahon denied Yvonne Frost permission to file and proceed without paying fees, and closed the case.
Yvonne Frost, whose request for permission to file the action and proceed without paying filing fees was denied; the action was closed, and the existing filing restriction remained in effect.
What happened
Frost v. NYPD concerned Yvonne Frost’s request to file a new lawsuit without paying filing fees. Earlier court orders required her to obtain permission before filing new actions without paying fees and to submit specified documents with any new complaint.
Frost submitted those documents, so the case was opened. After reviewing her proposed complaint, the court found that it continued her pattern of frivolous filings and did not state facts suggesting a plausible claim for relief. The proposed defendants included entities and people Frost had sued before, including the court, the Second Circuit Court of Appeals, and President Donald Trump.
Judge Colleen McMahon denied Frost’s request for permission to file the action and denied her request to proceed without paying fees. The court directed the Clerk to close the case, kept the earlier filing restriction in place, and warned that additional restrictions or monetary penalties could follow. The court also denied fee-free status for any appeal from the order.
The detailed version
- Frost v. NYPD · No. 1:20-cv-01789
- Colleen McMahon
- Mar. 9, 2020
Background
An earlier order barred Yvonne Frost from filing any new action without paying filing fees unless she first obtained the court’s permission. A later order added filing requirements, including a motion for permission, a copy of that order, the filing fees or an application to proceed without paying them, and a sworn statement that the claims were not frivolous or brought for an improper purpose.
Frost filed a new complaint on February 27, 2020, along with the required materials. The court opened the matter and assigned it a case number. After reviewing Frost’s motion for permission, declaration, and proposed complaint, the court concluded that the action did not depart from her pattern of frivolous and nonmeritorious filings. The court noted that the proposed defendants included several entities and individuals Frost had previously sued, including the court, the Second Circuit Court of Appeals, and President Donald Trump. The court stated that Frost had not alleged facts showing a plausible claim for relief.
Ruling
The court denied Frost’s request for permission to file the action because she had not shown good cause. It also denied her request to proceed without paying filing fees and directed the Clerk of Court to close the action. The earlier restriction on filing new actions without first seeking permission remained in effect.
The court warned that continued submission of frivolous complaints could lead to additional sanctions, including further filing restrictions and monetary penalties. It certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.