Gay v. Chandra, No. 11-2523 (7th Cir. 2012)
Annotate this CaseGay is a deeply disturbed Illinois inmate with a history of self-mutilation, scheduled for parole in 2095. Between 1996 and 2011, he filed more than 30 federal civil cases. Gay lost two at trial, settled two, and lost or withdrew the remainder. At least four were dismissed as frivolous, leading Gay to strike out under the Prison Litigation Reform Act. 28 U.S.C. 1915(g). Unless he is under imminent danger of serious physical injury, Gay may not proceed in forma pauperis in federal court. He sued prison mental health professionals, alleging constitutionally inadequate treatment and retaliation for a prior lawsuit. The district court required him to post a $1,000 bond, which it knew he could not afford, to cover costs if this suit proved unsuccessful. The court required the bond without evaluating the merit of Gay’s claims. When Gay did not post the bond, the court dismissed the case with prejudice. The Seventh Circuit reversed. District courts have several tools for dealing with indigent litigants who abuse the court system. Requiring a party to post a cost bond that the court knows the party cannot afford, however, is not one of those available tools for dismissing or discouraging frivolous suits.
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