Frost v. N.Y.P.D.

Background

On November 7, 2019, the court barred Yvonne Frost from filing any new action without paying the filing fee or first obtaining the court’s permission to proceed without paying it. After Frost continued filing what the court described as frivolous actions, the court imposed additional requirements. For a new complaint, Frost had to submit a motion for permission to file, a copy of the February 14, 2020 order, the filing fee or an application to proceed without paying it, and a statement under penalty of perjury addressing whether the claims were frivolous, brought in bad faith, or filed for an improper purpose.

Frost filed a new complaint on March 11, 2020. Because she submitted the required documents, the matter was opened and assigned a civil case number.

Court’s reasoning

After reviewing Frost’s motion for permission to file, declaration, and proposed complaint, the court concluded that the new action continued her pattern of vexatious and nonmeritorious filings. The proposed complaint named several entities and individuals Frost had previously sued, including the court, the Second Circuit Court of Appeals, and President Donald Trump. The court found that Frost alleged no facts suggesting that she had a plausible claim for relief and had not shown good cause for permission to file the action.

Disposition

The court denied Frost’s application to proceed without paying filing fees and denied her request for permission to file the action. The earlier order barring her from filing new actions without first seeking permission remained in effect. The court warned that continued frivolous filings could result in additional sanctions, including further filing restrictions and monetary penalties. It also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The Clerk of Court was directed to mail Frost a copy of the order and record service on the docket.