ALLEN v. WORLD HEALTH ORGANIZATION
5:25-cv-00207
M.D. Ga.May 29, 2025Background
- Denver Fenton Allen, a prisoner in Georgia, filed a pro se complaint under Bivens against entities including the World Health Organization, alleging falsification of medical records and mistreatment.
- Allen did not pay the filing fee nor file for in forma pauperis (“IFP”) status.
- Allen has previously filed around 48 federal civil complaints; at least three were dismissed as frivolous or for failure to state a claim, triggering the “three strikes” provision of the Prison Litigation Reform Act (PLRA).
- Under 28 U.S.C. § 1915(g), prisoners with three or more such dismissals can only proceed IFP if they allege an imminent danger of serious physical injury.
- Allen’s long-standing medical complaints, including bowel blockage and priapism, have repeatedly been held not to satisfy the imminent danger requirement.
- The court found the complaint illegible in parts, lacking in required specificity, and targeting improper defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of “three strikes” rule | Allen contends prior cases shouldn't bar IFP | Government (and court) cites statute | Bar applies (3+ strikes) |
| Imminent danger exception under §1915(g) | Ongoing serious medical issues | No new or worsening alleged facts | No imminent danger shown |
| Sufficiency of complaint | Alleges falsified records and mistreatment | Complaint illegible, nonspecific | Dismissed as deficient |
| Named proper defendants under Bivens | Names non-federal entities (e.g., WHO) | Not proper Bivens defendants | Dismissed as improper |
Key Cases Cited
- Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971) (recognizes federal cause of action for constitutional violations by federal agents)
- Medberry v. Butler, 185 F.3d 1189 (11th Cir. 1999) (explains operation of "three strikes" rule under PLRA)
- Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002) (requires payment of filing fee at initiation if IFP denied)
- Daker v. Comm’r, Ga. Dep’t of Corr., 820 F.3d 1278 (11th Cir. 2016) (clarifies bases for PLRA strikes)
- Brown v. Johnson, 387 F.3d 1344 (11th Cir. 2004) (details imminent danger exception standards)