Gresham v. Meden, No. 18-1911 (6th Cir. 2019)Annotate this Case
Gresham is serving a 75-year sentence in a Marquette, Michigan state prison. He filed a 42 U.S.C. 1983 action against prison employees, alleging that they improperly forced him to take antipsychotic medication. The Sixth Circuit affirmed that Gresham must pay a $400 filing fee (28 U.S.C. 1914) before proceeding. The right to proceed “in forma pauperis” and avoid filing fees may be removed for prisoner plaintiffs who abuse the privilege. Prisoners become ineligible to file free lawsuits if the courts have dismissed three or more of their lawsuits as “frivolous, malicious, or [for] fail[ure] to state a claim,” 28 U.S.C. 1915(g). Gresham has at least eight baseless lawsuits. The statute frees poor prisoners from the rule if they are “under imminent danger of serious physical injury.” Gresham alleged that the forced medication caused him “chest pains, akathisia [muscular restlessness], seizures, vomiting, stomach cramps, and dizz[iness].” Those side effects did not amount to an imminent “serious physical injury.” They are typically temporary and rarely life-threatening and are not the kinds of injuries that can lead to impending death or other severe bodily harms. Gresham has not remotely alleged how his complaints could lead to such harms while he is under medical supervision.