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GIBSON v. CITY MUNICIPALITY OF NEW YORK

Docket No. 09-2797.

692 F.3d 198 (2012)

Bennie GIBSON, Plaintiff-Appellant, v. CITY MUNICIPALITY OF NEW YORK, Commissioner Department of Correction, Deputy CO, Warden of C-95, Receiving RM, Captain of C-95, Receiving RM, John Does 1, John Does 2, John Does 3, John Does 4, John Does 5, Legal Aid Attorney Schwartz, Director Kirby Psychiatric, Ms. Leech, Ms. Davino or Savino of Treatment Team, Director Creedmoor Psych, Ms./Doctor Singh, Mr./Doctor Reddy, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2012.

Attorney(s) appearing for the Case

Bennie Gibson, on the brief, Malone, NY, pro se.

Michelle Skinner ( Sara L. Shudofsky , on the brief), Spears & Imes LLP, New York, NY, pro bono amicus curiae in support of Appellant.

Ellen Ravitch ( Stephen J. McGrath , on the brief) ( Michael A. Cardozo , Corporation Counsel of the City of New York), New York, NY, for Municipal Defendants-Appellees.

Sudarsana Srinivasan ( Barbara D. Underwood , Solicitor General, Steven C. Wu , Assistant Solicitor General, on the brief) ( Eric T. Schneiderman , Attorney General of the State of New York), New York, NY, amicus curiae in support of Appellees.

Before: WALKER, LEVAL, and POOLER, Circuit Judges.

PER CURIAM:

This appeal presents the question of whether 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, pursuant to New York state law, is a "prisoner" within the meaning of the Prison Litigation Reform Act. See 28 U.S.C. § 1915(g). We hold that such a person is indeed a "prisoner" within the meaning of the PLRA and thus is subject to the Act's limitations...

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