Jullian A. Huffman v. Crystal Large, et al.

Summary

The United States District Court for the Western District of Virginia dismissed without prejudice Jullian A. Huffman’s § 1983 action alleging inadequate treatment for gender dysphoria. The court denied in forma pauperis status under the Prison Litigation Reform Act’s three-strikes provision, finding that Huffman had not shown an imminent danger of serious physical injury. The court concluded that alleged future suicide risk did not satisfy the imminent-danger exception.

Holdings

1. A prisoner subject to the three-strikes rule may proceed in forma pauperis only by alleging facts showing a real and proximate imminent danger of serious physical injury at the time the complaint is filed.
2. Huffman's allegations that defendants failed to treat his gender dysphoria and that he was at risk of future suicide did not establish imminent danger of serious physical injury under § 1915(g).
3. Because Huffman did not qualify for the imminent-danger exception and had not prepaid the required filing and administrative fees, the court denied in forma pauperis status and dismissed the complaint without prejudice.

Questions Presented

1. Whether Huffman qualified to proceed in forma pauperis under the imminent-danger exception to 28 U.S.C. § 1915(g) despite his prior qualifying dismissals.
2. Whether allegations of untreated gender dysphoria and a risk of future self-harm established imminent danger of serious physical injury under § 1915(g).
3. Whether the complaint should be dismissed without prejudice when Huffman had not prepaid the filing and administrative fees and did not qualify for installment payments.

Disposition

dismissed