Evans (ID 67355) v. Kansas Department of Corrections
5:12-cv-03181
D. Kan.Oct 18, 2012Background
- Evans, a prisoner at Lansing Correctional Facility, filed a pro se civil rights action under 42 U.S.C. § 1983 in the District of Kansas against KDOC, the LCF Warden, and an LCF Officer, asserting confinement conditions and a medical-diet dispute.
- Plaintiff cites a temporary August 2011 water quality problem and disputes disciplinary consequences for refusing a medical diet he deems inadequate.
- The court reviews the filing under the Prison Litigation Reform Act (PLRA), including 28 U.S.C. § 1915 and the 3-strikes provision § 1915(g).
- The court finds Evans used three or more prior dismissals labeled frivolous or for failure to state a claim, under the alias Delarick Hunter, with the same prison ID (KDOC #67355).
- Because of the 3-strikes rule, Evans is barred from proceeding IFP unless he shows imminent danger of serious physical injury; no such danger is evident, so the court gives 20 days to show cause or pay the $350 filing fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 28 U.S.C. § 1915(g) bar Evans from proceeding IFP? | Evans seeks IFP status regardless of prior strikes. | Three-strike bar applies unless imminent danger is shown. | Yes; 1915(g) bar applies absent imminent danger. |
| Has Evans shown imminent danger to avoid the 3-strikes bar? | No imminent danger evident from the complaint. | Imminent danger not demonstrated; bar remains. | Imminent danger not shown; court may require payment or dismissal. |
Key Cases Cited
- Jennings v. Natrona County Detention Center Medical Facility, 175 F.3d 775 (10th Cir. 1999) (3-strikes limitation; allows prepayment when IFP denied)
- Medberry v. Butler, 185 F.3d 1193 n.2 (11th Cir. 1999) (clarifies that § 1915(g) does not deny access to courts; requires full fee if no imminent danger)