Frost v. N.Y.P.D.

Background

The court had previously barred Yvonne Frost from filing new civil actions without paying filing fees unless she first obtained permission. In a later order in an earlier round of this matter, the court also required her to submit specific documents with any new complaint, including a motion for permission to file, a copy of that order, the filing fee or an application to proceed without paying it, and a sworn statement addressing whether the claims were frivolous, brought in bad faith, or filed for an improper purpose.

Frost filed a new complaint on July 24, 2020. The opinion states that she submitted the required documents except for a copy of the February 14, 2020 order.

Ruling

After reviewing Frost’s request for permission to file, her accompanying letter, and the proposed complaint, the court concluded that the filing continued her pattern of vexatious and nonmeritorious actions. The court stated that Frost did not allege facts showing a plausible claim for relief and had not shown good cause for permission to file the new action.

The court denied Frost’s application to proceed without paying filing fees and denied her request for permission to file the action. The earlier restriction on filing new civil actions without first seeking the court’s permission remained in effect. The court warned that continued frivolous filings could result in additional filing restrictions and monetary penalties.

Appeal and Effect

The court 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. The opinion does not separately state a disposition using the word “dismissed” in its conclusion; its stated rulings are the denial of the filing-fee application and the denial of permission to file.