Taylor v. America The County America

Background

Christopher Taylor, who was incarcerated at the time and represented himself, brought this federal civil action against America The County America and President Joe Biden. The court had previously granted Taylor permission to proceed without paying filing fees upfront.

Three-strikes finding

The Prison Litigation Reform Act bars a prisoner from proceeding without prepaying filing fees if the prisoner has, on three or more prior occasions while incarcerated or detained, brought an action or appeal that was dismissed as frivolous, malicious, or for failing to state a claim. An exception applies when the prisoner is in immediate danger of serious physical injury.

The court revisited its earlier assessment of Taylor’s prior cases. It explained that an earlier related proceeding had relied on a Colorado court’s finding that Taylor had three strikes. After later appellate guidance requiring an independent review, this court determined that those three dismissals did not count as strikes because they were based on a statutory ground that does not qualify under the filing-bar provision. The court nevertheless found that Taylor had accumulated at least three qualifying strikes through other prior proceedings, including dismissals for frivolousness and failure to state a claim.

Imminent-danger analysis

Taylor’s complaint alleged that federal, state, and local officials were involved in bribery, murder, drug investigations, communications between jurisdictions, and a planned prison term. The court quoted the allegations as written and concluded that they did not show that Taylor faced immediate danger of serious physical injury when he filed the complaint.

Ruling and effect

The court revoked Taylor’s permission to proceed without prepaying filing fees and dismissed the action without prejudice under 28 U.S.C. § 1915(g). The order states that Taylor is barred from filing a new federal civil action without prepaying fees while he remains a prisoner unless he alleges immediate danger of serious physical injury. The court directed the Clerk not to charge Taylor the $350 filing fee for this action and directed that no funds be deducted or encumbered from his prison trust account for this lawsuit.

The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain also directed the Clerk to enter judgment.