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TRUJILLO v. SAVOIE (2021)

United States Court of Appeals, Ninth Circuit.2021-04-27No. No. 19-17432

Summary

Holding. The court reversed the district court's dismissal and remanded the case, holding that Trujillo plausibly alleged imminent danger of serious physical injury sufficient to proceed in forma pauperis under the exception to 28 U.S.C. § 1915(g).

Guillermo Cruz Trujillo, a state prisoner, appealed the dismissal of his federal civil rights lawsuit after the district court denied his request to proceed without paying the filing fee. The district court had applied the Prisoner Litigation Reform Act's 'three strikes' rule, which generally prevents indigent prisoners from filing lawsuits for free. However, the appellate court found that Trujillo had adequately described facts suggesting he faced immediate physical danger from other inmates, allegedly stemming from a falsified misconduct report made by prison official Savoie. Under established precedent, courts must read prisoner allegations generously and need only find a plausible claim of imminent danger to allow the lawsuit to proceed without a fee.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether a prisoner adequately alleged imminent danger of serious physical injury under § 1915(g)
  • Standard for reviewing facial allegations of imminent danger by indigent prisoners
  • Application of the Prisoner Litigation Reform Act's 'three strikes' provision

Procedural posture

Trujillo appealed pro se from a district court judgment dismissing his § 1983 civil rights action for failure to pay the filing fee after denial of his motion to proceed in forma pauperis.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

California state prisoner Guillermo Cruz Trujillo appeals pro se from the district courts judgment dismissing his 42 U.S.C. § 1983 action for failure to pay the filing fee after denying Trujillos motion to proceed in forma pauperis (“IFP”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district courts interpretation and application of 28 U.S.C. § 1915(g). Andrews v. Cervantes, 493 F.3d 1047, 1052 (9th Cir. 2007). We reverse and remand.

The district court determined that the Prisoner Litigation Reform Acts “three strikes” provision barred Trujillo from proceeding IFP because Trujillo did not plausibly allege that he was “under imminent danger of serious physical injury” at the time he lodged the complaint. 28 U.S.C. § 1915(g). However, a review of the record demonstrates that Trujillo plausibly alleged that he faced imminent danger of serious physical injury from other inmates due to defendant Savoies allegedly falsified report of Trujillos sexual misconduct. See Williams v. Paramo, 775 F.3d 1182, 1190 (9th Cir. 2015) (court should liberally construe a prisoners “facial allegations” and determine if the complaint “makes a plausible allegation” of imminent danger); see also Andrews, 493 F.3d at 1055 (discussing the imminent danger exception to 28 U.S.C. § 1915(g)).

REVERSED and REMANDED.