Burns v. County of Westchester

Background

George Burns, who was incarcerated at Westchester County Jail, brought this action without a lawyer. He alleged that the facility was improperly exercising its discretion to impose fines for disciplinary proceedings because of a budget shortfall. Burns asked to proceed in forma pauperis, meaning without prepaying the filing fee.

Three-strikes rule

The court held that Burns was barred by the Prison Litigation Reform Act’s three-strikes rule, 28 U.S.C. § 1915(g), from filing a new civil action without prepaying fees while he was a prisoner. The court relied on three prior qualifying dismissals. The statute permits an exception when a prisoner alleges an imminent danger of serious physical injury, but the court found that Burns’s complaint did not show such a danger. The court explained that the danger must exist when the complaint is filed.

Disposition

Chief Judge Laura Taylor Swain denied Burns’s request to proceed without prepaying fees, and the complaint was dismissed without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The court stated that Burns could begin a new action by paying the filing fee, after which the complaint would be reviewed under the prisoner-screening statute. Burns remained barred from proceeding without prepaying fees in future actions while incarcerated unless he alleged an imminent threat of serious physical injury.

The court also certified that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The Clerk of Court was directed to enter judgment.