DeLeon v. Doe
Opinion of the Court
In December 2001, plaintiff-appellant Is-idoro DeLeon, a New York state prisoner, filed an amended complaint pursuant to 42 U.S.C. § 1983, alleging that various mail room personnel at the Great Meadow Correctional Facility had violated his First and Fourteenth Amendment rights. Specifically, he asserted (1) that defendants deliberately delayed the mailing of certain of his submissions in an ongoing federal action, causing him to miss a court deadline, which in turn led to the suit’s dismissal; and (2) that defendants misplaced and sent to the wrong city a birthday card he wrote to a relative. The district court (Kahn, J.) dismissed his claims with prejudice pursuant to Fed.R.Civ.P. 12(b)(6). Based on previous warnings about frivolous lawsuits and misrepresentations in the complaint, the court also imposed a sanction of $150 pursuant to Fed.R.Civ.P. 11(b)(3) and issued “one strike” against DeLeon pursuant to 28 U.S.C. § 1915(g).
With respect to the Rule 12(b)(6) dismissal, we affirm substantially for the reasons given by the court below. De-Leon failed to allege that defendants took actions that actually “hindered [his] efforts to pursue a legal claim” or otherwise prejudiced his legal action, as required to state a claim for denial of access to the courts due to interference with legal mail. Monsky v. Moraghan, 127 F.3d 243, 247 (2d Cir. 1997) (internal quotation marks omitted). (In fact, as he clearly knew, the case he claimed had been hindered by the alleged mail delay was dismissed on the merits after a bench trial—not for untimeliness of court submissions). He also failed to allege that prison officials “regularly and unjustifiably” interfered with his personal mail, and therefore could not sustain his First Amendment cause of action. Davis v. Goord, 320 F.3d 346, 351 (2d Cir. 2003) (internal quotation marks omitted). As to the Rule 11 penalty, a $150 sanction on a prisoner may be harsh, but we cannot say, in the circumstances of this case, that it was outside of the district court’s discretion. See Corroon v. Reeve, 258 F.3d 86, 92 (2d Cir. 2001) (imposition of sanctions is reviewed for abuse of discretion).
The designation of strikes has no practical consequences until a defendant in a prisoner’s lawsuit raises the contention that the prisoner’s suit or appeal may not be maintained in forma pauperis pursuant to 28 U.S.C. § 1915 because the prisoner has accumulated three strikes. At that time, because a practical consequence turns on the answer to the question, a court will need to determine whether the prisoner should be charged with three strikes. Litigation over the issue at an earlier juncture would involve the courts in disputes that might never have any practical consequence. The resolution of such disputes is not a proper part of the judicial function.
Accordingly, district courts should not issue these strikes one by one, in their orders of judgment, as they dispose of suits that may ultimately — upon determination at the appropriate time — qualify as strikes under the terms of § 1915(g).
In the present case, then, we vacate this aspect of the judgment and remand the matter to the district court for modifications consistent with this opinion. We find no merit in appellant’s remaining argu
. We further noted that "[Contemporaneous classification of dismissals as strikes or non-strikes at a time when the ruling has no immediate consequences may also lead district courts to undertake such classifications carelessly, and with inadequate explanation of why a given dismissal falls into one category and not the other. We think these concerns outweigh any possible benefits that may follow from contemporaneous classification due to the greater familiarity with the factual record that a dismissing court may possess.” Snider, 199 F.3d at 115 n. 4.
. As we observed in Snider, several of our sister circuits appear to leave the assessment of strikes to the court charged with enforcing Section 1915(g). See, e.g. Rodriguez v. Cook, 169 F.3d 1176, 1178 (9th Cir. 1999); Wilson v. Yaklich, 148 F.3d 596, 602-03 (6th Cir. 1998); Patton v. Jefferson Corr. Ctr., 136 F.3d 458, 461 (5th Cir. 1998); Lucien v. Jockisch, 133 F.3d 464, 469 n. 8 (7th Cir. 1998).
Reference
- Full Case Name
- Isidoro DELEON v. John DOE, Mail Room Supervisor, GMCF, John Doe, Mail Room Dispatcher, GMCF, David Carpenter, Dep. Supt of Prog. GMCF, Ronald Atkinson, Mail Room Supervisor, GMCF, Shirley French, Mail Room Dispatcher, GMCF
- Cited By
- 56 cases
- Status
- Published