Jallow v. The State of New York
- Colleen McMahon
- 1:20-cv-08001
- U.S. District Court · Southern District of New York
- 2
In Jallow v. State of New York, Judge McMahon dismissed a duplicate civil-rights lawsuit without prejudice to Jallow’s pending earlier case.
Yaya Jallow’s duplicate complaint was dismissed; the order left his pending earlier case under docket number 20-CV-6511 unaffected.
What happened
Jallow v. The State of New York involved Yaya Jallow’s claims that New York State and New York City violated his rights while he lived in shelters.
Jallow filed the case without a lawyer under a federal civil-rights law. The court found that he had already filed a substantially similar case involving the same claims and some of the same shelter-related events.
The court dismissed this complaint as duplicative, without prejudice to Jallow’s pending earlier case. Judge Colleen McMahon also denied him permission to appeal without paying court fees.
The detailed version
- Jallow v. The State of New York · No. 1:20-cv-08001
- Colleen McMahon
- Nov. 30, 2020
Background
Yaya Jallow, appearing without a lawyer, sued the State of New York and the City of New York under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state actors. He alleged that the defendants violated his rights while he lived at a shelter operated by the Bowery Residents’ Committee and at other shelters in New York City’s shelter system.
Earlier Related Case
The court said Jallow had already filed a substantially similar complaint in a prior related proceeding, docket number 20-CV-6511. That earlier case involved alleged rights violations at the Bowery Residents’ Committee during the same period covered by this complaint. The court found that the current complaint raised the same claims as the earlier case.
Ruling
The court dismissed the complaint as duplicative. The dismissal was without prejudice to Jallow’s pending case under docket number 20-CV-6511, meaning this order did not bar that earlier case from continuing. The court directed the Clerk of Court to terminate all motions.
The court also certified that any appeal would not be taken in good faith and denied Jallow permission to appeal without paying court fees. The order did not decide the merits of Jallow’s underlying civil-rights claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.