U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Denial of Inmate's In Forma Pauperis Motion Reversed, and Civil Procedure Matter

In Chavis v. Chappius, No. 07-2304, the court vacated denial of plaintiff-inmate's motion to proceed in forma pauperis, holding that 1) a complaint and a subsequent appeal therefrom qualified as separate "strikes" if both are dismissed for reasons listed in 28 U.S.C. section 1915(g); 2) the district court abused its discretion in denying plaintiff's motion for leave to amend his complaint; and 3) a plaintiff who satisfies section 1915(g)'s "imminent danger" exception may proceed in forma pauperis on all claims in her complaint.

City of N.Y. v. Permanent Mission of India to the U.N., No. 08-1805, involved an action by New York City against certain foreign missions for unpaid property taxes.  The court reversed the denial of defendants' motion to dismiss on the grounds that the Notice issued by the Department of State was a lawful exercise of the Department's authority under the Foreign Missions Act, and the Notice operated in this case to render appellants exempt from the property taxes imposed by the City, and so nullified the City's existing tax liens against appellants.

Related Resources