Aich v. State of Kansas

Summary

The United States District Court for the District of Kansas denied Jesse Joseph Aich’s motion to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g), finding no imminent danger of serious physical injury. The court ordered Plaintiff to pay the $405 filing fee by April 30, 2026, or the action would be dismissed without prejudice. The court also found the False Claims Act complaint appeared frivolous and directed the Clerk to send Plaintiff 16 civil cover sheets.

Holdings

1. A prisoner with at least three qualifying strikes may proceed in forma pauperis only upon specific, credible allegations that he faced an imminent danger of serious physical injury. Because Aich's complaint and attachments made no such showing, the court denied his motion to proceed in forma pauperis.
2. The complaint appeared frivolous because plaintiff merely invoked the False Claims Act, attached state-court criminal-case filings, and did not allege fraud against the federal government; the court also stated that the State of Kansas and its agencies are not subject to liability under the Act.

Questions Presented

1. Whether plaintiff, having accrued at least three qualifying strikes under 28 U.S.C. § 1915(g), demonstrated an imminent danger of serious physical injury permitting him to proceed in forma pauperis.
2. Whether plaintiff's conclusory assertion that he was proceeding under the False Claims Act, together with attachments from his state criminal cases, stated a plausible False Claims Act claim against the State of Kansas.

Disposition

other