Jackson v. Schnell

Background

Tony Dejuan Jackson, a prisoner, sued Paul Schnell and other defendants over matters related to his confinement at the Minnesota Correctional Facility in Stillwater. He applied to proceed in forma pauperis, meaning that he asked to proceed without paying the filing fee upfront.

Under 28 U.S.C. § 1915, a prisoner who qualifies for this status generally pays the filing fee in installments rather than receiving a complete waiver. Section 1915(g), often called the “three-strikes” rule, generally bars a prisoner from proceeding this way after three prior federal cases or appeals were dismissed as frivolous, malicious, or for failure to state a claim. An exception applies if the prisoner is under an imminent danger of serious physical injury.

Court’s Analysis

The court relied on several earlier decisions from the District of Minnesota that had determined Jackson had three qualifying dismissals. The court agreed with those decisions and concluded that Jackson could no longer claim this fee-waiver status in federal court unless the imminent-danger exception applied.

The court concluded that the exception did not apply. Jackson alleged that conditions at the facility exposed him to risks, including a heightened risk of contracting COVID-19. But the court found that he did not provide an individualized explanation showing that COVID-19 placed him at a heightened risk beyond the risk faced by other inmates. The court also stated that allegations of mental or emotional harm alone were insufficient because the exception requires allegations of serious physical injury.

The court considered Jackson’s allegation that he had developed a lump that grew when he urinated, even though he had been vaccinated against COVID-19. The court concluded that this allegation still did not show an imminent danger of serious physical injury, noting that Jackson said a nurse practitioner had examined him but did not allege that the medical professional believed he faced significant danger.

Ruling

The court denied Jackson’s application to proceed in forma pauperis. It ordered him to pay the full $402 filing fee by June 17, 2022. If he did not pay by that date, the court stated that it would recommend dismissing the action without prejudice for failure to prosecute. The court also stated that paying the fee would not end the required screening of the complaint under 28 U.S.C. § 1915A, which would determine, among other things, whether the complaint stated a legally valid claim.

The order was signed by John F. Docherty, United States Magistrate Judge.