Sanders v. Melvin

Dist. Ct. erred in dismissing for failure to pay $400 filing fee plaintiff-prisoner’s section 1983 action alleging that his solitary confinement in prison violated Constitution because said confinement aggravated his psychological problems and his asthma, where Dist. Ct. had previously denied plaintiff’s request to proceed in forma pauperis due to fact that plaintiff had three prior lawsuits that had been dismissed as frivolous, and where plaintiff had alleged that his history of self-harm due to his solitary confinement qualified him for in forma pauperis treatment in spite of dismissals of his prior lawsuits, because he was individual under imminent danger of serious physical injury. Dist. Ct. could not dismiss plaintiff’s allegations of self-harm as merely self-serving statements, and defendant was entitled to hearing to determine whether such allegations are true. Ct. further observed that if plaintiff’s allegations linking history of self-harm to his solitary confinement were untrue, plaintiff must pay entire filing fee, and if Dist. Ct. finds that plaintiff lied in effort to manipulate Dist. Ct. to grant his in forma pauperis petition, Dist. Ct. could also dismiss case as sanction.