692 F.3d 198
2d Cir.2012Background
- Gibson was charged with criminal mischief in New York; a state court found him not competent to stand trial and issued a temporary order of observation transferring him to Kirby Forensic Psychiatric Facility for up to ninety days.
- New York law distinguishes final and temporary orders of observation; both transfer to care and treatment facilities, but final orders may lead to longer detention while temporary orders are limited and treated as observation aimed at restoring capacity.
- While detained at Kirby, Gibson filed a federal complaint and moved to proceed in forma pauperis.
- The district court held Gibson a “prisoner” under the PLRA because of prior frivolous filings, thus subject to the three-strikes restriction and denied leave to proceed in forma pauperis.
- On appeal, the Second Circuit reviews de novo PLRA interpretations; it ultimately agrees Gibson was a prisoner at the time of filing and thus subject to PLRA limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gibson is a 'prisoner' under the PLRA when he filed his complaint | Gibson contends he is not a prisoner under PLRA. | District court treated him as a prisoner under PLRA due to detention status. | Yes; Gibson was a prisoner at filing and subject to PLRA. |
| Whether temporary order of observation satisfies 'detained in any facility' for PLRA purposes | Temporary observation implies suspended proceedings, so not detained as a prisoner under PLRA. | New York law keeps the defendant detained under a temporary order, qualifying as a prisoner. | Yes; temporary order of observation constitutes detention making Gibson a prisoner under PLRA. |
Key Cases Cited
- Harris v. City of New York, 607 F.3d 18 (2d Cir. 2010) (discusses when prisoner status attaches for PLRA purposes)
- Kalinowski v. Bond, 358 F.3d 978 (7th Cir. 2004) (prisoner detained for mental illness can be a PLRA prisoner)
- Page v. Torrey, 201 F.3d 1136 (9th Cir. 2000) (natural reading of PLRA's 'prisoner' definition includes currently detained individuals)
- Dory v. Ryan, 999 F.2d 679 (2d Cir. 1993) (pro se filing timing rule for prisoner filings)
- Nicholas v. Tucker, 114 F.3d 17 (2d Cir. 1997) (PLRA limits for prisoners who file frivolous actions)
- United States v. Jacobson, 15 F.3d 19 (2d Cir. 1994) (origin of remand authority for factual supplement in appeals)