Jean-Louis v. Board of Education

Background

Joe Jean-Louis brought this action against the Board of Education and proceeded without a lawyer. He requested permission to proceed without paying the civil filing fee. The complaint appears to assert negligence claims based on the alleged failure to build underground nuclear fallout shelters in New York City elementary schools.

The court stated that Jean-Louis was being treated at Kirby Forensic Psychiatric Center. New York State court records showed that a criminal case against him remained pending and that, on March 9, 2023, the New York Supreme Court, New York County, ordered his temporary treatment and/or assessment in a mental hospital. Based on those records and the mailing history of the complaint, the court determined that he was a “prisoner” under the Prison Litigation Reform Act when he filed this action.

Three-Strikes Filing Bar

The Prison Litigation Reform Act, specifically 28 U.S.C. § 1915(g), generally bars a prisoner from filing a civil action without paying the filing fee if the prisoner has had three or more prior federal actions or appeals dismissed as frivolous, malicious, or for failure to state a claim. The exception applies when the prisoner is under an imminent danger of serious physical injury.

The court relied on prior related proceedings in concluding that Jean-Louis had already been found subject to this three-strikes bar. It then considered whether the complaint showed an imminent danger existing when the action was filed. The court concluded that it did not. The alleged failure to build fallout shelters did not establish that Jean-Louis faced an immediate threat of serious physical injury at the time of filing.

Disposition

The court denied Jean-Louis’s request to proceed without paying the filing fee and dismissed the complaint without prejudice under 28 U.S.C. § 1915(g). The opinion states that Jean-Louis may commence a new action by paying the filing fee; any new prisoner civil-rights complaint would then be subject to statutory screening.

The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. It directed the clerk to enter judgment dismissing the action.