Wallace v. Baldwin
Opinion of the Court
Plaintiff Maurice Wallace was convicted of murder and sentenced to life without parole in 2006. A few months after he entered prison, he assaulted a guard. He has been in solitary confinement (euphemistically called "disciplinary segregation") ever since-for at least eleven years. He is seriously mentally ill. He also poses challenges to both prison officials and federal courts.
Wallace lodged with the district court a proposed complaint against prison officials and the Illinois Department of Corrections. He alleges that his prolonged isolation exacerbates his mental illness, increases his risk of suicide, and violates his Eighth and Fourteenth Amendment rights. He is unable to pay the civil filing fee in advance, so he also filed a motion for leave to proceed in forma pauperis under
Wallace appeals that denial. He was not allowed to proceed in the district court, and the named defendants have not appeared in either the district court or on appeal. We recruited counsel for Wallace, and they have represented him ably. With better-developed arguments and with the benefit of Sanders v. Melvin ,
The Prison Litigation Reform Act's "three strikes" provision limiting prisoners' civil lawsuits in federal courts is at the center of this appeal:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
We review de novo a district court's interpretation of the three-strikes provision in § 1915(g). Ciarpaglini v. Saini ,
The core of Wallace's complaint is that solitary confinement has intensified his mental illness, including post-traumatic stress disorder, causing nightmares, severe anxiety, and most relevant here, suicidal thoughts. He describes his segregation as "akin to being sealed inside a coffin." He spends 23 to 24 hours a day alone in a cell that is "significantly smaller" than 50 square feet. The cell is dark, noisy, infested with insects, freezing in the winter, and hot in the summer. Because of his segregation, he cannot attend educational or religious classes, visit the law library used by the general population, or earn income from a prison job.
This extreme isolation for more than a decade has taken a toll on Wallace's mental health. He takes antidepressants for post-traumatic stress disorder. But despite this medication he still experiences depression, anxiety, panic attacks, difficulty sleeping, and auditory hallucinations.
Central to this appeal, Wallace alleges that prolonged segregation has increased his risk of suicide. He has attempted suicide at least five times, including three times during his eleven years in segregation. His last attempt was in late 2016. The details of that attempt are unclear. During a prior attempt Wallace tied a sheet around his neck and "threatened to jump." Taking Wallace's threats seriously, prison staff have often placed him on special observation as a precaution against self-harm.
Over the years, Wallace alleges, he has submitted "several hundred written requests" to be told when his segregation will end. Prison staff either ignore those requests or summarily deny them. His most recent request was denied without explanation in January 2017.
A few months after the most recent denial, Wallace tried to file this suit against the Department and prison officials under
Wallace submitted with his complaint an application to proceed in forma pauperis. He reported that he had incurred three *484"strikes" under the PLRA for filing actions in federal court that were dismissed as frivolous, malicious, or for failure to state a claim. But he argued that the district court should allow him to proceed without prepayment of the full filing fee because he faces "imminent danger of serious physical injury."
The district court denied Wallace leave to proceed in forma pauperis and ordered him to pay the full filing fee before the case could proceed. Wallace v. Baldwin , No. 17-cv-0576-DRH,
We first address the issue presented to the district court, which is whether his allegations satisfy the imminent-danger exception to § 1915(g). To be clear, we respectfully disagree with the district court's general rule that a prisoner cannot create the imminent danger needed to satisfy the exception. We recognize the common-sense appeal of that general rule, at least to the extent it is based on truly voluntary actions by the prisoner. In the case, however, of someone suffering from mental illness that inclines him toward self-harm-a condition that is unfortunately common in American prisons-that general rule sweeps too broadly. It does not account for genuine dangers beyond the conscious control of these prisoners.
Wallace cites scholarly studies finding a link between prolonged solitary confinement and an increased risk of self-harm. See, e.g., Fatos Kaba, et al., Solitary Confinement and Risk of Self-Harm Among Jail Inmates , 104 Am. J. of Pub. Health 442 (2014); Stuart Grassian, Psychiatric Effects of Solitary Confinement ,
With the help of his appellate counsel and the amici, Wallace argues broadly that prolonged solitary confinement "makes self-harm imminent" for all prisoners, regardless of their individual circumstances. They argue, in effect, that any challenge to solitary confinement based on a claimed risk of self-harm could satisfy the imminent-danger exception of § 1915(g). We can decide this case without going so far. Limiting our decision to the facts before us, we conclude that Wallace *485made a sufficient showing that he faced imminent danger.
Wallace's situation is indistinguishable from that of the mentally-ill prisoner in Sanders v. Melvin ,
Similarly, Wallace has spent eleven years in solitary confinement, suffers from serious mental illness, and has a history of attempting to harm himself. He raises a genuine concern that the negative psychological effects of his segregation will drive him to self-harm. So Wallace has plausibly alleged that his continued segregation places him in imminent danger of serious bodily injury. See
For the sake of completeness, we also elect to address a second issue. Wallace himself did not raise it, having taken at their word federal judges' assessments of strikes. His appellate counsel have recognized and explained the problem. Wallace would be entitled to proceed in forma pauperis even if he were not in imminent danger. Upon closer examination, it is clear that only two of his purported "strikes" were properly assessed. The third strike was a case in which a judge assessed Wallace a strike after denying his motion to intervene in another prisoner's lawsuit. The assessment of that strike was a legal error.
"[A] later district court may not defer to an earlier district court's contemporaneous decision to label a dismissal as a strike." Fourstar v. Garden City Grp., Inc .,
Accordingly, we VACATE the district court's order denying Wallace's motion for leave to proceed in forma pauperis and REMAND this action for further proceedings consistent with this opinion.
Reference
- Full Case Name
- Maurice L. WALLACE v. John BALDWIN
- Cited By
- 31 cases
- Status
- Published