JacQaus Martin v. Scott E. Hayne

U.S. Court of Appeals for the Eighth Circuit
JacQaus Martin v. Scott E. Hayne, 219 F. App'x 601 (8th Cir. 2007)

JacQaus Martin v. Scott E. Hayne

Opinion

PER CURIAM.

In this prisoner civil rights matter, Jacqaus L. Martin appeals the district court’s 1 adverse grant of summary judgment as to certain claims, and its subsequent adverse grant of judgment on the remaining claims following a bench trial. Martin’s lawsuit arose from a strip search in May 2000, which he claimed was done *602 without probable cause and in retaliation for his exercise of his First Amendment rights, and he also claimed that the search constituted a sexual assault. Having carefully reviewed the record, we find- — -and Martin has provided — no basis for reversal.

We note that Martin has been previously determined to have three strikes under 28 U.S.C. § 1915(g), see Martin v. Neb. Dep’t of Corr. Servs., No. 00-2551, 2000 WL 1665076 (8th Cir. Nov.7, 2000) (unpublished per curiam), but that he has been permitted under section 1915(g)’s imminent-danger exception to proceed in forma pauperis (IFP) in the instant lawsuit and appeal, as well as in two other lawsuits and related appeals, based on his assertions that he is at risk for sexual assaults and unwarranted strip searches. Because the record in this case and the other two shows that his assertions are baseless, we alert the district court that, in future cases making similar claims, Martin ought to be required to demonstrate that he is truly in imminent danger before being allowed to proceed IFP.

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Joseph F. Bataillon, Chief Judge, United States District Court for the District of Nebraska.

Reference

Full Case Name
JacQaus L. MARTIN, Appellant, v. Scott E. HAYNE; Matthew R. Zier; Scott Wayman; Raymond J. Edleman; David Boli; Ortha Lee Serrell; Michael Kenny; Nebraska Department of Correctional Services, Appellees
Status
Unpublished