United States Second Circuit
Gibson v. City Municipality of New York, 09-2797
In a conviction of defendant for criminal mischief in the third degree in violation of New York state law, district court's denial of a motion for leave to proceed in forma pauperis and dismissal of a complaint alleging various civil rights violations is affirmed, as a person who has been charged with a crime and is being held prior to trial under a temporary order of observation at a mental health institution, under New York state law, is a "prisoner" within the meaning of the Prison Litigation Reform Act, and thus subject to the Act's limitations on proceeding in forma pauperis in federal court.
Appellate Information
- Decided 08/14/2012
- Published 08/14/2012
Judges
Court
- United States Second Circuit