Komatsu v. The City of New York

Background

From August 29, 2020, through November 11, 2020, Towaki Komatsu, proceeding without a lawyer and without paying filing fees, filed nine actions against the City of New York, city officials, and members of the New York City Police Department. In each action, he alleged that the defendants unlawfully denied him access to public meetings and described his increasingly hostile relationship with them.

The complaints and amended complaints were more than 150 pages long, and one amended complaint was 368 pages. Komatsu also filed repeated letters seeking to end Magistrate Judge Gorenstein’s assignment to one of the cases, despite the court’s denial of his initial request. The court directed him to explain why it should not impose restrictions on future filings and held a hearing on December 15, 2020.

Filing restrictions

The court imposed a requirement that Komatsu obtain permission before filing a new action in the court against the City of New York, city officials, or members of the New York City Police Department concerning their alleged involvement in preventing him from attending public meetings with the Mayor. To request permission, he must file a one-page motion titled “Motion for Leave to File a New Action,” explaining why a new action is appropriate instead of an amended pleading in the consolidated action. He must also submit a one-page statement under penalty of perjury stating that the new claims are not frivolous or made in bad faith, that the lawsuit is not brought for an improper purpose such as harassment or unnecessary delay, and that the filing complies with the court’s orders and applicable rules.

The court imposed a similar permission requirement for any letter or motion in the consolidated action. Komatsu must file a one-page motion titled “Motion for Leave to File” explaining why the submission should be permitted, along with a one-page statement under penalty of perjury addressing improper purpose, frivolousness, bad faith, and compliance with the court’s orders and applicable rules.

If permission is granted, a new complaint, amended pleading, letter, or motion may not exceed 25 pages. If permission to file a new action is denied but the court directs Komatsu to amend the consolidated action, the amended pleading also may not exceed 25 pages.

Disposition

The court directed the clerk to mail the order to Komatsu and record service on the docket. It further directed the clerk not to process submissions that fail to comply with the restrictions and stated that such filings will not be considered and will be stricken from the docket. Judge Edgardo Ramos also 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 order did not decide the underlying allegations about access to public meetings.