Sloan v. Langley
- Laura Swain
- 1:22-cv-05951
- U.S. District Court · Southern District of New York
- 2
In Sloan v. Langley, Judge Swain denied a fee waiver and dismissed the complaint without prejudice because the prisoner had three prior qualifying dismissals and alleged no imminent danger.
Derek Sloan’s ability to pursue this action without prepaying the filing fee; the complaint was dismissed without prejudice, and the named defendants were not subjected to a merits ruling.
What happened
In Sloan v. Langley, Derek Sloan sued Robert L. Langley and the other named defendants over an alleged violation of his rights during a December 15, 2020, arrest. He asked to file without paying the filing fee.
The court said Sloan was barred from filing a new case without paying the fee while incarcerated because of the Prison Litigation Reform Act’s “three-strikes” rule. That rule applies when a prisoner has had at least three earlier cases or appeals dismissed as frivolous, malicious, or legally insufficient, unless the prisoner faces an imminent danger of serious physical injury. The court found that the complaint did not show such a danger.
Judge Laura Taylor Swain denied Sloan’s request to proceed without paying the fee and dismissed the complaint without prejudice under the three-strikes rule. The court also terminated all pending motions and denied fee-waiver status for any appeal from the order.
The detailed version
- Sloan v. Langley · No. 1:22-cv-05951
- Laura Swain
- July 14, 2022
Background
Derek Sloan, who was incarcerated at Five Points Correctional Facility, filed this civil-rights action without a lawyer. He requested permission to proceed without prepaying the filing fee. The complaint concerned an alleged violation of his rights during a December 15, 2020, arrest. The opinion describes the defendants as Putnam County Sheriff’s Department officers and also names Putnam County, the Putnam County Sheriff’s Department, and individual defendants.
The action was originally filed in the Eastern District of New York and was transferred to the Southern District of New York. The opinion states that an earlier order in a related proceeding had determined that Sloan was subject to the Prison Litigation Reform Act’s “three-strikes” provision, 28 U.S.C. § 1915(g).
Court’s reasoning
Section 1915(g) generally prevents a prisoner from filing a civil action without prepaying the filing fee 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 failure to state a legally sufficient claim. An exception applies when the prisoner is under an imminent danger of serious physical injury. The court explained that the danger must exist when the complaint is filed.
The court concluded that Sloan was barred from proceeding without prepaying the fee and that his complaint did not show that he was in imminent danger of serious physical injury. The court did not decide whether the allegations about the arrest stated a valid claim.
Disposition
Judge Laura Taylor Swain denied Sloan’s request to proceed without prepaying fees and dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The court stated that Sloan could begin a new action by paying the filing fees, which would then be reviewed under the prisoner-screening statute. The Clerk of Court was directed to terminate all pending motions. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Name note
The caption spells the plaintiff’s name “Derek Sloan,” while the opinion’s text, footnote, signature-page reference, and cited records use “Derek Sloane.” This summary follows the case caption.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.