Shumake v. Commonwealth of Virginia

Summary

The court dismissed Daryll Keith Shumake’s 42 U.S.C. § 1983 action without prejudice under the Prison Litigation Reform Act’s three-strikes rule, 28 U.S.C. § 1915(g). The court held that Shumake failed to allege specific facts showing that he was under imminent danger of serious physical injury when he filed the action. His claims concerned disability accommodations, an alleged delay in medical attention, and a prior fall while incarcerated.

Holdings

1. A prisoner with three or more qualifying dismissals may proceed without prepayment of the filing fee only by alleging sufficient and specific facts establishing that he is under imminent danger of serious physical injury at the time of filing; vague, speculative, or conclusory allegations are insufficient.
2. Because Shumake did not satisfy the imminent-danger exception, the action was dismissed without prejudice under 28 U.S.C. § 1915(g).

Questions Presented

1. Whether 28 U.S.C. § 1915(g) barred Shumake from proceeding without prepayment of the filing fee because he had at least three qualifying prior dismissals.
2. Whether Shumake alleged sufficient and specific facts to invoke § 1915(g)'s exception for a prisoner under imminent danger of serious physical injury at the time of filing.

Disposition

dismissed