Jean-Louis v. Governor State of New York
- Laura Swain
- 1:22-cv-09679
- U.S. District Court · Southern District of New York
- 2
In Jean-Louis v. Governor State of New York, Judge Swain denied IFP, dismissed the complaint without prejudice, and denied IFP for appeal under the three-strikes rule.
Joe W. Jean-Louis’s request to proceed without paying the filing fee was denied, and his complaint was dismissed without prejudice. He remains barred from proceeding without paying the filing fee in future actions while incarcerated unless he shows an imminent threat of serious physical injury.
What happened
Joe W. Jean-Louis, who was incarcerated and representing himself, sued Governor State of New York and Mayor City of New York. He asked to proceed without paying the filing fee and alleged that the defendants were negligent for not building underground fallout shelters near elementary schools or conducting emergency evacuation drills.
The court said that Jean-Louis had at least three prior qualifying dismissals, barring him from proceeding without paying the filing fee while incarcerated. The complaint did not show that he faced an imminent danger of serious physical injury, which is the exception to that rule.
Judge Laura Taylor Swain denied Jean-Louis’s request to proceed without paying the filing fee and dismissed the complaint without prejudice under the three-strikes rule. The court also denied that fee waiver for any appeal, certified that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.
The detailed version
- Jean-Louis v. Governor State of New York · No. 1:22-cv-09679
- Laura Swain
- Nov. 14, 2022
Background
Joe W. Jean-Louis filed the action while incarcerated at the North Infirmary Command on Rikers Island and proceeded without a lawyer. He asked to proceed without paying the filing fee. The defendants are Governor State of New York and Mayor City of New York.
Jean-Louis alleged that the defendants were negligent for “not building underground nuclear fall-out shelters near elementary schools” and “not conducting mock civil defense emergency evacuation disaster drills at elementary schools in New York City.”
Three-strikes rule
The Prison Litigation Reform Act generally bars a prisoner from bringing a civil action without paying the filing fee when the prisoner has had three or more earlier actions or appeals dismissed as frivolous, malicious, or for failing to state a claim. The exception applies when the prisoner is under an imminent danger of serious physical injury.
The court relied on an earlier order identifying Jean-Louis’s qualifying dismissals. It also found that the complaint did not show an imminent danger of serious physical injury. The court therefore concluded that Jean-Louis was barred from proceeding without paying the filing fee.
Ruling
Judge Laura Taylor Swain denied Jean-Louis’s request to proceed without paying the filing fee, and the complaint was dismissed without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The order states that Jean-Louis may start a new action by paying the filing fee, after which the complaint would be reviewed under the prisoner-screening statute. The court also certified that any appeal would not be taken in good faith and denied fee-free status for an appeal. The Clerk of Court was directed to enter judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.