Broadhead v. Stevenson et al
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 12/4/15. (SAC )
2015 Dec-04 PM 03:14
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
CORRECTIONAL, LPN, STEVENSON, et }
Case No. 2:15-cv-2179-WMA-JHE
Plaintiff James Broadhead, a prisoner incarcerated at the
Donaldson Correctional Facility, filed this action on the form
normally utilized by prisoners seeking damages and/or injunctive
relief pursuant to 42 U.S.C. § 1983. (Doc. 1). However, the
pauperis, or to pay the $400 filing and administrative fees. Under
those circumstances, the plaintiff would normally be ordered to
submit an application to proceed in forma pauperis or pay the full
filing fee within a prescribed time. However, because the plaintiff
is subject to the three-strikes provision of the Prison Litigation
Reform Act (“PLRA”), such an order is not appropriate in this
The PLRA establishes restrictions on the ability of prisoners
to file civil rights actions in federal court. One provision of
that Act amended the in forma pauperis statute, 28 U.S.C. § 1915,
to add subsection (g), which provides as follows:
In no event shall a prisoner bring a civil
action or appeal a judgment in a civil action
or proceeding under this section if the prisoner has, on 3 or more prior occasions, while
incarcerated or detained in any facility,
brought an action or appeal in a court of the
United States that was dismissed on the
grounds that it is frivolous, malicious, or
fails to state a claim upon which relief may
be granted, unless the prisoner is under
imminent danger of serious physical injury.
28 U.S.C. § 1915(g). The Eleventh Circuit Court of Appeals has
interpreted this statute to mean that a prisoner who has had three
or more cases dismissed as meritless must pay the full filing fee
at the time he initiates the lawsuit. See Dupree v. Palmer, 284
F.3d 1234 (11th Cir. 2002); Vanderberg v. Donaldson, 259 F.3d 1321,
1324 (11th Cir. 2001). The only exception to this rule is for a
prisoner who is “under imminent danger of serious physical injury.”
28 U.S.C. § 1915(g).
A review of this court’s records reveals that plaintiff has
filed at least three cases which have been dismissed as meritless,
including: Broadhead v. O’Brian, Case No. 4:10-cv-00475-JHH-RRA;
Broadhead v. Hopkins, Case No. 4:10-cv-00439-LSC-RRA; and Broadhead
commencing this action in forma pauperis unless he is “under
imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).
Suits dismissed as frivolous or malicious pursuant to 28
U.S.C. § 1915(d), the predecessor statute to § 1915(e), constitute
“strikes.” Medberry v. Butler, 185 F.3d 1189, 1192 (11th Cir.
plaintiff’s complaint carefully and is satisfied that he has not
alleged facts demonstrating he is “under imminent danger of serious
physical injury.” 28 U.S.C. § 1915(g).2 Accordingly, plaintiff’s
action will be dismissed. A separate order will be entered.
DONE this 4th day of December, 2015.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
The plaintiff alleges he was kicked in the testicles several
times by officers on November 17, 2015. However, not only does the
plaintiff have a history of asserting fanciful allegations of
assault by prison guards, but the claims in the present case, even
if true, do not demonstrate he is presently under imminent danger
of serious physical injury.
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