Jackson v. Schnell

Background

Tony Dejuan Jackson asked to proceed on appeal without prepaying the filing fee. He also filed a motion asking the court to find that he qualified for the imminent-danger exception to the three-strikes restriction in 28 U.S.C. § 1915(g). That restriction generally prevents a prisoner with three prior qualifying dismissals from proceeding without prepaying fees unless the prisoner is under imminent danger of serious physical injury.

The court had previously determined that Jackson had accumulated three qualifying strikes. Jackson alleged that prisoners at the Stillwater prison were exposed to large amounts of toxic smoke from unknown synthetic drugs, including fentanyl; that the prison lacked adequate ventilation; and that he was not given an N-95 mask even though staff received such masks. He also stated that he was experiencing unusually high blood pressure, headaches, and dizziness and that he had a tumor growing inside his brain. He asserted that the prison had been placed on lockdown after nine corrections officers were exposed to synthetic-drug smoke and taken to a hospital for Narcan.

Court’s analysis

The court applied the rule that imminent danger must exist when the complaint or appeal is filed. It explained that general or conclusory statements are not enough without specific facts showing ongoing serious physical injury or a pattern of misconduct suggesting a likelihood of imminent serious injury. For this preliminary inquiry, the court generally treated Jackson’s facially plausible allegations as true. It found that his allegations concerned conditions he faced inside the prison when he filed his appeal and that the concerns he raised could constitute a risk of serious physical injury. The court did not credit his general assertion that the defendants were unconcerned about inmate health and safety.

The court then considered whether Jackson was financially eligible to proceed without prepaying fees and how much he would have to pay initially. Because Jackson had been granted permission to proceed without prepaying fees in the district-court case, the court stated that he could pursue the appeal on that basis. But this status does not eliminate the full appellate filing fee. The fee remains due in installments, and the initial partial fee is calculated using the greater of the average monthly deposits or average monthly balance in the prisoner’s account during the prior six months.

Jackson had not submitted a certified account statement because the prison was on lockdown when he filed his application. He said he had no regular income or assets but ordinarily received $65 every two weeks. The court also noted that Jackson had recently paid a $405 filing fee in another case, which raised questions about the funds available for an initial partial fee. The court therefore held the application pending until Jackson supplied the required account information.

Disposition

Judge Katherine Menendez ordered:

The order addressed only Jackson’s ability to pursue the appeal without prepaying fees and the required financial documentation. It did not decide the underlying claims in the appeal.