Antrobus v. City of New York, Rikers Island
- Colleen McMahon
- 1:21-cv-02925
- U.S. District Court · Southern District of New York
- 9
In Antrobus v. City of New York, Judge McMahon gave Andre Antrobus 30 days to show why he should receive fee-waiver status.
Andre Antrobus must submit the required declaration, prisoner authorization form, and amended fee-waiver application within 30 days for the case to continue without prepayment of the filing fee. The defendants are not yet subject to a final ruling on the claims.
What happened
Antrobus v. City of New York, Rikers Island concerns Andre Antrobus’s request to bring his case without paying the filing fee upfront. He is detained, represents himself, and describes a fall and an attack by another inmate.
The court said Antrobus had at least three earlier cases dismissed for failing to state a valid claim, which generally prevents a detained person from receiving this fee waiver. The exception applies if the complaint shows an ongoing, immediate risk of serious physical injury, but the court said Antrobus’s allegations did not show that kind of present danger.
Chief Judge Colleen McMahon did not yet deny the fee request or dismiss the case. She ordered Antrobus to submit, within 30 days, a declaration explaining why the exception applies, along with a prisoner authorization form and an amended fee-waiver application.
The detailed version
- Antrobus v. City of New York, Rikers Island · No. 1:21-cv-02925
- Colleen McMahon
- Apr. 7, 2021
Background
Andre Antrobus, who is detained at the Eric M. Taylor Center and represents himself, asked to proceed without prepaying the filing fee. He alleges that he slipped and fell because he was wearing sneakers issued by the New York City Department of Correction. He says he now wears a “makeshift boot” but has not received a cane or other medical-access item.
Antrobus also alleges that another inmate attacked him with a stick and cut him with a shank. He asserts that the defendants failed to protect him and says his medical treatment consisted of a “used ice pack.” He states that the medical unit did not take x-rays of his arm and that he had to bandage it himself. He seeks damages.
Three-strikes rule
The Prison Litigation Reform Act generally prevents a prisoner from proceeding without prepaying the filing fee if the prisoner has had three or more earlier federal actions or appeals dismissed as frivolous, malicious, or for failure to state a claim. The law contains an exception when the prisoner was in imminent danger of serious physical injury when the complaint was filed.
The court stated that Antrobus had at least three prior actions dismissed on grounds covered by this rule. It also explained that a past danger may qualify if it is part of an ongoing pattern, but a danger that has ended before the complaint is filed does not qualify. The court concluded that Antrobus’s allegations did not suggest that he was presently in imminent danger of serious physical harm or that he was seeking relief connected to an ongoing danger.
Order
Because Antrobus was representing himself, the court gave him notice and an opportunity to respond before making a final unfavorable decision. The court granted him leave to submit a declaration showing that he was in imminent danger of serious physical injury and that his complaint sought relief connected to that danger.
The court directed Antrobus to file the declaration within 30 days. It also required him to submit within 30 days a prisoner authorization form allowing installments to be deducted from his prison account toward the filing fee, and an amended application to proceed without prepaying fees. The court stated that if he did not respond, or if his declaration did not establish the exception, it would deny his fee-waiver application and dismiss the action without prejudice. The opinion does not report a final denial or dismissal.
Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.