Biggins v. PhelpsAnnotate this Case
Plaintiff, an inmate at the James T. Vaughn Correctional Center (JTVCC), filed this action against personnel at the JTVCC seeking an injunction and compensatory damages for placement in isolated confinement and, subsequently, maximum security housing. Defendants moved to dismiss Plaintiff’s claim and to revoke his in forma pauperis status pursuant to the three strikes rule of 10 Del. C. 8804(f). The Court of Chancery granted Defendants’ motion to revoke Plaintiff’s in forma pauperis status and ordered the complaint dismissed unless Plaintiff filed all required filing fees within sixty days, holding that Plaintiff failed to show that he met the statutory exception to the three strikes rule.