Jean-Louis v. Governors State of New York
- Laura Swain
- 1:23-cv-08167
- U.S. District Court · Southern District of New York
- 3
In Jean-Louis v. Governors State of New York, Judge Swain denied fee-free filing, dismissed the action without prejudice, and denied fee-free appeal status under the prisoner “three-strikes” rule.
Joe Jean-Louis’s ability to proceed without prepaying fees in this action and in future federal civil actions while he is a prisoner; the defendants were not required to litigate the merits of his allegations in this case.
What happened
In Jean-Louis v. Governors State of New York, Joe Jean-Louis, who was being held on Rikers Island and represented himself, sued Governors State of New York and Mayor New York City. Because he did not pay the filing fees, the court treated him as asking to proceed without paying fees upfront.
Jean-Louis alleged that the defendants were negligent for not building underground nuclear fallout shelters at New York City elementary schools and not conducting emergency evacuation drills. The court said Jean-Louis had previously accumulated at least three qualifying dismissals, and that his complaint did not show an immediate danger of serious physical injury.
Chief Judge Laura Taylor Swain denied Jean-Louis’s request to proceed without paying fees and dismissed the action without prejudice under the prisoner “three-strikes” rule. The court also denied fee-free status for an appeal and directed the Clerk of Court to enter judgment.
The detailed version
- Jean-Louis v. Governors State of New York · No. 1:23-cv-08167
- Laura Swain
- Oct. 10, 2023
Background
Joe Jean-Louis brought this action against Governors State of New York and Mayor New York City. The opinion states that Jean-Louis was being held in the North Infirmary Command on Rikers Island and was proceeding without a lawyer. Because he did not submit the $402 filing fee with his complaint, the court understood him to be requesting permission to proceed without prepaying fees.
Claims and Legal Standard
Jean-Louis alleged that the defendants were negligent for not building underground nuclear fallout shelters at elementary schools in New York City and for not conducting mock civil-defense emergency evacuation drills.
The court applied the Prison Litigation Reform Act’s “three-strikes” rule, 28 U.S.C. § 1915(g). That rule bars a prisoner from bringing a new federal civil action without prepaying fees when the prisoner has had three or more prior federal actions or appeals dismissed as frivolous, malicious, or failing to state a claim, unless the prisoner was under imminent danger of serious physical injury when the complaint was filed.
The court stated that Jean-Louis had already been recognized as barred by this rule and that prior proceedings had identified his qualifying dismissals. The court also determined that the complaint did not show that Jean-Louis was under imminent danger of serious physical injury.
Ruling
Chief Judge Laura Taylor Swain denied Jean-Louis’s request to proceed without prepaying fees and dismissed the action without prejudice under Section 1915(g). The court explained that Jean-Louis could commence a new federal civil action by paying the required fees, although that new complaint would be subject to prisoner-complaint screening under 28 U.S.C. § 1915A.
The court further stated that Jean-Louis remains barred from filing future federal civil actions without prepaying fees while he is a prisoner unless he is under imminent threat of serious physical injury. It certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. The court directed the Clerk of Court to enter judgment dismissing the action.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.