Summary
The Fourth Circuit reversed the district court's dismissal of an inmate's Section 1983 complaint for failure to prepay the filing fee under the Prison Litigation Reform Act's three-strikes rule. The court held that the inmate adequately pleaded the 'imminent danger of serious physical injury' exception by alleging a specific pattern of retaliatory treatment and excessive force by prison officers. The case was remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether Holley adequately pleaded the imminent‑danger exception to 28 U.S.C. §1915(g) to proceed in forma pauperis.
Holdings
- Holley satisfied the imminent‑danger exception; the district court’s dismissal for failure to prepay the filing fee was erroneous.
Key quotations
“We conclude that he has. “[T]he imminent danger exception is essentially a pleading requirement subject to the ordinary principles of notice pleading.”” (at 8)
“We reverse and remand for further proceedings.” (at 9)
Factual background
In September 2020 Holley, a 65‑year‑old prisoner with asthma, was placed in a chained, padlocked dog cage in the back of a dirty pickup truck for more than six hours in near‑freezing temperatures as retaliation for a grievance about delayed medical care. He was unable to reach his inhaler, contracted pneumonia, and suffered severe injuries from tight handcuffs. The complaint alleges a pattern of retaliatory and abusive treatment by prison staff over several years.
Procedural history
The district court dismissed Holley's complaint without prejudice for failure to pay the filing fee, finding three prior dismissed suits and concluding he had not shown imminent danger of serious physical injury. Holley appealed the dismissal de novo.
Remand instructions
For further proceedings consistent with this opinion.