The following excerpt is from LeBlanc-Sternberg v. Fletcher, 143 F.3d 765 (2nd Cir. 1998):
Certain types of judicial rulings strongly indicate that a plaintiff's claim should not be deemed frivolous, groundless, or unreasonable. For example, a court cannot properly consider a claim to be frivolous on its face if it finds that the plaintiff must be allowed to litigate the claim. See, e.g., Sussman v. Bank of Israel, 56 F.3d 450, 457 (2d Cir.) (district court's imposition of sanctions could not be upheld on the ground that the complaint was frivolous in light of that court's ruling that the dismissal of the complaint (a) should be without prejudice, and (b) would be granted only if the defendants acceded
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