Hussey v. Saint Lukes Roosevelt Hospital Center

Background

Yessuh Suhyes Hussey brought this action against Saint Lukes Roosevelt Hospital Center, two NYPD officers identified as John Doe/Jane Doe, a hospital physician identified as John Doe/Jane Doe, and an ambulance driver identified as John Doe/Jane Doe. He was detained at the time he filed the complaint, later released, and then returned to custody. He filed the action without a lawyer and submitted an application to proceed without paying the filing fees upfront.

The case was initially filed in the Eastern District of New York and was transferred to the Southern District of New York. The Eastern District reserved the decision on Hussey’s fee application. After learning that Hussey was again in the custody of the New York City Department of Correction, the court determined that he needed to comply with the requirements that apply to a prisoner who seeks to proceed without prepaying fees.

Court’s action

The court explained that a prisoner must either pay $402 in fees or submit both an application to proceed without prepayment and a prisoner authorization. The authorization allows the facility to deduct the $350 filing fee from the prisoner’s account in installments and requires submission of certified account statements for the previous six months. Hussey had submitted the fee application but not the authorization.

Within 30 days of the order, Hussey must either pay the $402 or complete and submit the attached prisoner authorization, labeled with docket number 23-CV-4379 (LTS). No summons will issue at this time. If he complies, the case will be processed under the Clerk’s Office procedures; if he does not, the action will be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not address the merits of Hussey’s claims.