Brownlee v. Omosale

Background

Terrance Brownlee, identified as a state prisoner, filed a civil-rights action under 42 U.S.C. § 1983 and asked to proceed without paying the filing fee. A federal statute, 28 U.S.C. § 1915(g), generally prevents a prisoner from proceeding without paying the fee after three earlier federal actions or appeals were dismissed as frivolous, malicious, or for failure to state a claim. These earlier dismissals are commonly called “strikes.”

The court identified three earlier federal actions involving Brownlee that appeared to qualify as strikes. The opinion states that the Ninth Circuit also treated those three actions as strikes in a prior related proceeding. Brownlee did not pay the filing fee after being given a deadline and an opportunity to respond.

Imminent-danger exception

Section 1915(g) contains an exception if the complaint plausibly alleges that the prisoner faced an imminent danger of serious physical injury when the complaint was filed. Brownlee argued that mistreatment by unidentified persons on July 20, 2020, qualified him for this exception.

The court found that this showing was insufficient. It stated that the complaint was filed in March 2020, months before the alleged July incident. Because the alleged incident occurred after filing, Brownlee did not show that he faced an ongoing danger at the relevant time.

Ruling

Judge William H. Orrick concluded that Brownlee had not shown that any of the three strikes should be disregarded, had not established the imminent-danger exception, had not paid the filing fee, and had not otherwise shown cause why the action should remain pending without payment.

The court denied Brownlee’s application to proceed without paying the filing fee. It dismissed the civil-rights action without prejudice to Brownlee bringing the claims in a new paid complaint. The court directed the clerk to terminate all pending motions, enter judgment in favor of the defendants, and close the file.