Carter v. Morges

Background

David Carter Sr., who was incarcerated at Great Meadow Correctional Facility, brought the action without a lawyer. He did not pay the filing fee and did not submit an application to proceed without paying it or a prisoner authorization. The complaint named Morges, Melendez, Sergeant John Doe, and others who worked during a specified shift.

Carter alleged that on May 14, 2019, while he was incarcerated at Downstate Correctional Facility, Morges pushed him down stairs, assaulted him, and punched him. Carter further alleged that Melendez and Sergeant John Doe dragged him from the stairwell, assaulted him while taking him to the clinic, and that Sergeant John Doe threatened to spray him with mace. Carter also alleged that, when he transferred to Great Meadow on April 10, 2020, Morges made a threatening statement and Sergeant John Doe appeared with mace and said, “we have people at Great Meadow.” Carter did not allege that anything had happened to him at Great Meadow.

Three-Strikes Rule

The Prison Litigation Reform Act, or PLRA, generally bars a prisoner from proceeding without paying filing fees if the prisoner has had three or more earlier federal actions or appeals dismissed as frivolous, malicious, or for failing to state a claim. The exception applies when the prisoner alleges an imminent danger of serious physical injury.

The court explained that the danger must exist when the complaint is filed and must be connected to the claims in the complaint. The court must consider whether the danger is fairly traceable to the unlawful conduct alleged and whether a favorable ruling could remedy the injury. The court also stated that this is a threshold procedural question that does not require a detailed examination of the allegations.

Court’s Analysis and Ruling

The court held that Carter’s allegations did not satisfy either the timing or connection requirements of the imminent-danger exception. The alleged assaults at Downstate involved past harms at a different facility. To the extent Carter claimed that he faced danger at Great Meadow, the court found those allegations vague and speculative. Because Carter did not allege facts showing that he faced imminent danger of serious physical harm when he filed the complaint, the court concluded that the exception did not apply.

Judge Louis L. Stanton dismissed the action without prejudice under the PLRA’s three-strikes rule. The order stated that Carter remained barred from filing future actions without paying filing fees while in custody unless he faced an imminent threat of serious physical injury. It also stated that Carter could begin a new action by paying the filing fees, after which the complaint would be reviewed under the prisoner-screening statute.