Frost v. N.Y.P.D.

Background

The court had previously barred Yvonne Frost from filing new civil actions without paying the filing fee unless she first obtained permission from the court. In a prior related proceeding, the court imposed additional requirements for any new complaint, including a motion for permission to file, a copy of the prior order, the filing fee or an application to proceed without paying it, and a sworn statement addressing frivolousness, bad faith, improper purpose, and compliance with court rules and orders.

Frost filed a new complaint on March 13, 2020, and submitted the required materials. The court reviewed her motion for permission to file, declaration, and proposed complaint.

Court’s Analysis

The court concluded that the proposed action did not depart from Frost’s pattern of vexatious and nonmeritorious filings. It found that she had not alleged facts suggesting a plausible claim for relief and had not shown good cause for permission to file the action.

Ruling

The court denied Frost’s request to proceed without paying filing fees and denied her request for permission to file the new civil action. It directed the Clerk of Court to close the action. The earlier order restricting Frost’s ability to file new civil actions without first seeking permission remained in effect.

The court warned that further frivolous complaints could lead to additional sanctions, including more restrictions on filing new civil actions and monetary penalties. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.