Opinion

Riggins v. Jones (INMATE 4)

Court
District Court, M.D. Alabama
Filed
Feb 15, 2023
Cited by
0 cases
Authority
More cited than 31.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

DARRYL D. RIGGINS, #184051, )

)

Plaintiff, )

)

v. ) CASE NO. 2:23-CV-84-MHT-CSC

) [WO]

PATRICE RICHIE JONES, et. al., )

)

Defendants. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

I. INTRODUCTION

Pro se Plaintiff Darryl D. Riggins brings this 42 U.S.C. § 1983 Complaint against

multiple Defendants employed in various capacities by the Alabama Department of

Corrections alleging that they failed to protect him, treated him with deliberate indifference

and used excessive force against him by failing to provide him mental health treatment

after complaints of his intention to harm himself and a failed suicide attempt. Plaintiff’s

allegations of mental health issues apparently arose from his concern about being labeled

a “snitch” in 2020 while incarcerated, a resulting fear for his personal safety, and his failed

suicide attempt on January 22, 2023.

Specifically, Plaintiff claims as follows:

“Upon information and belief the mental health department here at Bullock

Correctional Facility have {sic} adopted practices and policies that weaponize its

medications and responsibilities to their patience {sic} to cause even more risk of

substantial harm as they conspire with ADOC officials to carry out these harms and

risk and this is an ongoing risk of serious harm.

(Doc. 1 at p. 22). As relief Plaintiff seeks compensatory and punitive damages and

injunctive and declaratory relief as follows:

Ordering Defendants, their successors, agents, employees, and all persons acting in

concert with them, to protect plaintiff from hostile inmates and officers and other

known enemies by placing plaintiff in Alabama Department of Corrections

protective custody unit at the Limestone Correctional Facility at least until

conclusion of these matters before this court on its face, implement an adequate

classification system segregating dangerous inmates from vulnerable inmates and

from officers. Implement an adequate mental health department that responds to

any and all inmates that’s suicidal or even claim to be suicidal at the Bullock

Correctional Facility and every prison in the state of Alabama Department of

Corrections. Increase staffing for mental health and officers at Bullock Correctional

Facility and every prison in the state of Alabama Department of Corrections to a

level adequate to protect the safety of inmates with serious mental illness, properly

train staff members to respond to emergencies like suicide attempts and threats of

danger to inmates from other staff members.

(Doc. 1 at pp. 24-25). In his complaint, Plaintiff fails to identify “hostile inmates and

officers and other known enemies” who pose a threat of imminent danger to him. He also

fails to state how the mental health policies at Bullock assist Plaintiff’s known enemies in

creating an imminent danger of physical injury to him or how the mental health policies

themselves put him at risk for future harm. Furthermore, he does not claim that he is

currently being deprived of any medically necessary medication or currently being forced

to take any medication against his will.

II. DISCUSSION

Under 28 U.S.C. § 1915, a prisoner may not bring a civil action or proceed on

appeal in forma pauperis if he “has, on 3 or more 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.”1 28

U.S.C. § 1915(g). Consequently, an inmate in violation of the “three strikes” provision of

§ 1915(g) who is not in “imminent danger” of suffering a serious physical injury must pay

the filing fee upon initiation of his case. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir.

2002).

Court records establish that Plaintiff, while incarcerated or detained, has on at least

three occasions had civil actions or appeals dismissed as frivolous, as malicious, for failure

to state a claim, or for asserting claims against defendants immune from suit under 28

U.S.C. § 1915.2 The cases on which this Court relies in finding a § 1915(g) violation are:

Riggins v. Hightower, Middle District of Ala., Case No. 2:99-cv-0952-WHA-CSC; Riggins

v. Coody, Middle District of Ala., Case No. 2:99-cv-1230-MHT-SRW; Riggins v. Hilbert,

Northern District of Ala., Case No. 1:02-cv-2184-RDP-JEO; Riggins v. Allen, Northern

District of Ala., Case No. 2:08-cv-0014-RDP-JEO; Riggins v. Corizon, Southern District

1 In Rivera v. Allin, 144 F.3d 719, 731 (1998), the Court determined that the “three strikes”

provision of 28 U.S.C. § 1915(g), which requires frequent filer prisoner indigents to prepay the

entire filing fee before federal courts may consider their cases and appeals, “does not violate the

First Amendment right to access the courts; the separation of judicial and legislative powers; the

Fifth Amendment right to due process of law; or the Fourteenth Amendment right to equal

protection, as incorporated through the Fifth Amendment.” In Jones v. Bock, 549 U.S. 199, 216

(2007), the Supreme Court abrogated Rivera but only to the extent it compelled an inmate to plead

exhaustion of remedies in his complaint as “failure to exhaust is an affirmative defense under the

PLRA . . . and inmates are not required to specifically plead or demonstrate exhaustion in their

complaints.”

2 This Court may take judicial notice of its own records and the records of other federal courts.

Nguyen v. United States, 556 F.3d 1244, 1259 n.7 (11th Cir. 2009); United States v. Rey, 811

F.2d 1453, 1457 n.5 (11th Cir. 1987); United States v. Glover, 179 F.3d 1300, 1302 n.5 (11th

Cir. 1999).

of Ala., Case No. 1:14-cv-542-KD-N; Riggins v. Corizon, Southern District of Ala., Case

No. 1:12-cv-578-WS-M.

Since Plaintiff has three strikes, he may not proceed in forma pauperis in this case

unless he demonstrates he is “under imminent danger of serious physical injury.” 28

U.S.C. § 1915(g). In determining whether a plaintiff satisfies this burden, the court is

focused upon whether the Plaintiff’s complaint as a whole establishes that he is under

“present imminent danger, as opposed to past danger.” Brown v. Johnson, 387 F.3d 1344,

1349 (11th Cir. 2004).

Upon careful review of the complaint, the court concludes that Plaintiff’s allegations

are premised upon his claims of a fear for his safety from unknown prison personnel and

unknown inmates due to him being labeled a snitch in 2020 and Defendants’ failure to

provide him mental health treatment to prevent him from doing himself harm in January

2023. These allegations are all premised upon “past danger” to Plaintiff, whether perceived

or real, and therefore do not meet the standard. Id. Indeed, the Plaintiff fails to identify

“hostile inmates and officers and other known enemies” who currently pose a threat of

imminent danger to him. He also fails to state how the mental health policies at Bullock

assist Plaintiff’s known enemies in creating an imminent danger of physical injury to him

or how the mental health policies themselves put him at risk for future harm. Furthermore,

he does not claim that he is currently being deprived of any medically necessary mental

health, or other, medication or is currently being forced to take any medication against his

will.

Accordingly, the court finds Plaintiff fails to demonstrate he “is under imminent

danger of serious physical injury” as is required to meet the exception allowing

circumvention of the directives contained in 28 U.S.C. § 1915(g). Consequently, Plaintiff

is not entitled to proceed in forma pauperis in this matter due to his violation of the “three

strikes” provision of 28 U.S.C. § 1915(g).

Based on the foregoing and Plaintiff’s failure to pay the requisite filing and

administrative fees upon initiation of this case, the Court concludes this case is due to be

summarily dismissed without prejudice. Dupree, 284 F.3d at 1236 (emphasis in original)

(explaining that “the proper procedure is for the district court to dismiss the complaint

without prejudice when [an inmate is not entitled] to proceed in forma pauperis [due] to

[violation of] the provisions of § 1915(g)” because the prisoner “must pay the filing fee at

the time he initiates the suit.”); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir.

2001) (same).

III. CONCLUSION

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:

1. Plaintiff’s motion for leave to proceed in forma pauperis (Doc. 2) be DENIED;

and

2. This case be DISMISSED without prejudice for Plaintiff’s failure to pay the

filing and administrative fees upon his initiation of this case.

A party may file objections to the Recommendation by March 1, 2023. Any

objection filed must specifically identify the findings in the Recommendation to which a

party objects. Frivolous, conclusive or general objections will not be considered by the

District Court. This Recommendation is not a final order and, therefore, it is not

appealable. Failure to file a written objection to the proposed findings and

recommendations in the Magistrate Judge’s report shall bar a party from a de novo

determination by the District Court of factual findings and legal issues covered in the report

and shall “waive the right to challenge on appeal the District Court’s order based on

unobjected-to factual and legal conclusions” except upon grounds of plain error if

necessary in the interests of justice. 11TH Cir. R. 3-1; see Resolution Trust Co. v. Hallmark

Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); Henley v. Johnson, 885 F.2d 790,

794 (11th Cir. 1989).

Done, this 15th day of February, 2023.

/s/ Charles S. Coody

CHARLES S. COODY

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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