Brown v. Megg, No. 15-60706 (5th Cir. 2017)Annotate this Case
Pursuant to the Prison Litigation Reform Act (PLRA), 28 U.S.C .1915(g), a third strike bars a prisoner from proceeding in forma pauperis unless the prisoner is under imminent danger of serious physical injury. A strike issues when a prisoner's action is dismissed as frivolous, malicious, or for failure to state a claim. However, a strike does not issue when only some claims are dismissed on section 1915(g) grounds. In this case, plaintiff's claims were dismissed for failure to state a claim while others were adequately pleaded but failed at summary judgment. The Fifth Circuit affirmed the dismissal of plaintiff's claim that defendants were deliberately indifferent to his serious medical needs, but vacated the strike because the strike did not issue when only some of plaintiff's claims were dismissed on section 1915(g) grounds.