Hunter v. DOJ - US Homeland Security

Background

Jason T. Hunter, who was incarcerated at Treasure Coast Forensic Treatment Center in Indiantown, Florida, filed this action without a lawyer against DOJ – US Homeland Security. He asked to proceed without paying the filing fee.

Three-strikes rule

The court applied 28 U.S.C. § 1915(g), commonly called the Prison Litigation Reform Act’s “three-strikes” rule. That rule generally prevents a prisoner from starting a civil action without paying the filing fee if the prisoner previously brought at least three actions or appeals that were dismissed as frivolous, malicious, or for failing to state a claim. An exception applies when the prisoner is in imminent danger of serious physical injury.

The court relied on an earlier related proceeding stating that Hunter had filed three or more cases dismissed as frivolous. The opinion also states that Hunter had accumulated another qualifying dismissal before filing this action. The court explained that imminent danger must exist when the complaint is filed.

Court’s analysis

The court reviewed the allegations in Hunter’s complaint and said they summarized his past litigation, listed judges assigned to his cases, and asserted claims against various state departments. The court concluded that the allegations did not suggest that Hunter was in imminent danger of serious physical injury.

Ruling

The court denied Hunter’s request to proceed without paying the filing fee and dismissed the complaint without prejudice under 28 U.S.C. § 1915(g). The order states that Hunter is barred from filing future actions without paying the filing fee while he remains in custody unless he is under an imminent threat of serious physical injury. The court noted that Hunter could start a new action by paying the filing fees, subject to statutory screening. It also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. Chief Judge Laura Taylor Swain signed the order.