Gibson v. City Municipality of New York

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 on proceeding in forma pauperis in federal court.

BACKGROUND

Bennie Gibson was charged with criminal mischief in the third degree in violation of New York…