Foreman v. Commission on Quality Care

Background

Kenyaïtta (Crosby) Foreman filed this action without a lawyer while detained at the Anna M. Cross Center on Rikers Island. The opinion states that Foreman was later detained at Manhattan Hospital Center under New York Criminal Procedure Law § 730.30. Foreman asked to proceed without prepaying the filing fee, a status commonly called proceeding in forma pauperis (IFP).

Three-Strikes Rule

The Prison Litigation Reform Act bars a prisoner from proceeding IFP when the prisoner has, on three or more prior occasions while incarcerated or detained, brought an action or appeal that was dismissed as frivolous, malicious, or for failing to state a claim. The exception is when the prisoner is under an imminent danger of serious physical injury. The court relied on a prior related proceeding in determining that Foreman was subject to this bar.

The court found that Foreman’s complaint did not show imminent danger of serious physical injury. Instead, the complaint asserted generalized claims on behalf of others concerning COVID-19 preparedness and procedures in New York City and federal courthouses and jails.

Rulings

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 court stated that Foreman could start a new action by paying the filing fees, after which the complaint would be reviewed under the prisoner-screening statute. Foreman remained barred from filing future actions IFP while in custody unless the imminent-danger exception applied.

The court denied Foreman’s request for volunteer counsel as moot. It also certified that an appeal would not be taken in good faith and denied IFP status for purposes of an appeal.