Byrd v. Shannon, No. 11-1744 (3d Cir. 2013)
Annotate this CaseByrd, an inmate at SCI-Frackville, filed a pro se 42 U.S.C. 1983 complaint against the prison’s Superintendent, Corrections Health Care Administrator, two nurses, and the Chief Grievance Officer, alleging that they showed deliberate indifference to his serious medical needs by failing to provide him with prescription eye drops for his glaucoma. Byrd proceeded in forma pauperis (IFP). The district court ruled in favor of all defendants. Byrd moved to proceed IFP on appeal. The clerk’s office notified Byrd that he had “three strikes” under 28 U.S.C. 1915(g) and had to show that he was in imminent danger of serious physical injury in order to be eligible for IFP status. The Third Circuit denied his petition, noting that Byrd’s three potential strikes included two cases that were “clearly” dismissed for failure to state a claim and that the other was an appeal that was dismissed by the Third Circuit under 28 U.S.C. 1915(e)(2)(B) as “without merit.” Byrd did not file a motion alleging imminent danger, but submitted a response arguing that the clerk’s office made a mistake in determining that he had three strikes. The court held that non-IFP dismissals can count as “strikes.”
The court issued a subsequent related opinion or order on April 2, 2013.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.