United States Second Circuit

In an appeal from a judgment of the district court revoking plaintiff-inmate's forma pauperis status, 28 U.S.C. section 1915(g), and granting defendant's motion for summary judgment on plaintiff's claims of deliberate indifference to his medical needs and due process violations, judgment is affirmed where the court correctly revoked plaintiff's status because, on the basis of Mills v. Fischer, any action dismissed on the ground of absolute prosecutorial immunity is presumed "frivolous" for purposes of Section 1915(g) and since plaintiff's Section 1983 claims is without merit.

Appellate Information

• Argued 08/24/2011
• Decided 09/02/2011
• Published 09/02/2011

Judges

• Before WINTER, CABRANES, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Catherine G. Patsos (Arthur S. Linker, Alexis L. Cirel, and Jonathan Rotenberg, of counsel, Katten Muchin Rosenman LLP, New York, NY, for Plaintiff–Appellant.


• For Appellees:
  
• Kate H. Nepveu, Assistant Solicitor General (Eric T. Schneiderman, Attorney General, on the brief, and Barbara D. Underwood, Solicitor General, and Michael S. Belohlavek, Senior Counsel, of counsel), Office of the Attorney General, State of New York, Albany, NY, for Defendant–Appellee.