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HARRIS v. CITY OF NEW YORK

Docket No. 09-0081-pr.

607 F.3d 18 (2010)

Tony HARRIS, Plaintiff-Appellant, v. CITY OF NEW YORK, Warden C-95, C.O. Miller, John Doe # 1, John Doe # 2, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 2, 2010.

Attorney(s) appearing for the Case

Justine M. Mongan, Elizabeth S. Losey, (Jon Romberg, on the brief), Center for Social Justice, Seton Hall University School of Law, Newark, NJ, for Plaintiff-Appellant.

Karen M. Griffin, Assistant Corporation Counsel (Francis F. Caputo, Assistant Corporation Counsel, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Before: LEVAL, KATZMANN and B.D. PARKER, Circuit Judges.

KATZMANN, Circuit Judge:

This case calls upon us in principal part to interpret the "three strikes rule" of the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. § 1915(g), which prohibits incarcerated prisoners from filing in forma pauperis in federal court if they have previously brought three or more actions or appeals that were dismissed on the grounds that they were frivolous, malicious, or failed to state...

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