Foreman v. Winters

Background

Kenyaitta (Crosby) Foreman filed this action while detained in the Anna M. Cross Center on Rikers Island and was proceeding without a lawyer. He later was detained in Manhattan Hospital Center under New York Criminal Procedure Law § 730.30. Foreman asked to proceed without prepaying the filing fees, a status commonly called proceeding in forma pauperis (IFP). He also later requested free legal counsel.

The complaint alleged that Foreman had been falsely arrested on or about February 7 or 9. The opinion does not decide whether that allegation was true or whether the defendants violated the law.

Three-Strikes Rule

The Prison Litigation Reform Act bars a detained person from filing a civil action without paying the filing fee when, on three or more prior occasions while detained or incarcerated, the person brought an action or appeal that was dismissed as frivolous, malicious, or for failing to state a claim. The exception is when the person was under an imminent danger of serious physical injury when the complaint was filed.

The court relied on an earlier order stating that Foreman had already accumulated three qualifying dismissals. It then found that the new complaint did not show an imminent danger of serious physical injury. The alleged false arrest did not establish that exception under the circumstances described in the opinion.

Disposition

The court denied Foreman's request to proceed IFP and dismissed the complaint without prejudice under the Prison Litigation Reform Act's three-strikes rule. The opinion states that Foreman may start a new action by paying the filing fees, after which the complaint would be reviewed under the screening provisions applicable to detained plaintiffs.

The court denied Foreman's request for free legal counsel as moot. It also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order was signed by Chief United States District Judge Laura Taylor Swain.