McFadden v. McKie
3:11-cv-00673
D.S.C.Apr 11, 2011Background
- Plaintiff Bernard McFadden, a pro se federal inmate, filed a 42 U.S.C. § 1983 complaint in the District of South Carolina.
- Plaintiff seeks in forma pauperis status under 28 U.S.C. § 1915 and alleges inadequate food at Kirkland Correctional Institution (KCI).
- Defendants are Warden Bernard McKie, Major Latter, Major Jackson, Sergeant Reeves, Food Service Director Thomas, and Food Service Supervisor Marshall, in their personal capacities.
- The court notes Plaintiff has three prior strikes under 28 U.S.C. § 1915(g) and is not in imminent danger of serious physical injury.
- Plaintiff was moved from KCI to Kershaw Correctional Institution after the pleadings were mailed, affecting potential mootness and imminent danger analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McFadden may proceed IFP under §1915(g). | McFadden asserts eligibility despite strikes due to ongoing injury risk. | McFadden is barred under §1915(g) absent imminent danger exception. | Denied; §1915(g) bars proceeding IFP. |
| Whether imminent danger exception applies to McFadden's claims. | Ongoing danger from inadequate food constitutes imminent danger. | Lock-down ended; no imminent danger from named Defendants. | Exception not satisfied; no imminent danger. |
| Whether the case is moot for injunctive relief. | Requests ongoing relief to address prison conditions. | Plaintiff's relocation and end of lockdown render injunctive relief moot. | Moot; injunctive relief unavailable. |
| Whether the case should be dismissed without prejudice if the filing fee is not paid. | If fee paid, court should proceed with review. | Without full fee, dismissal without prejudice is appropriate. | Dismissal without prejudice if full $350 not paid. |
Key Cases Cited
- Green v. Young, 454 F.3d 405 (4th Cir. 2006) (screening under §1915A applies even when fee paid; 3 strikes rule connection)
- Abdul-Akbar v. McKelvie, 239 F.3d 307 (3rd Cir. 2001) (imminent danger exception to §1915(g) interpreted narrowly)
- Inmates v. Sheriff Owens, 561 F.2d 560 (4th Cir. 1977) (injunctive relief considerations and mootness principles)
- Breeden v. Jackson, 457 F.2d 578 (4th Cir. 1972) (mootness and standing principles in prison actions)
- Incumaa v. Ozmint, 507 F.3d 281 (4th Cir. 2007) (ruling on when prisoner actions become moot; standards for relief)