Sanders v. Melvin, No. 17-1938 (7th Cir. 2017)Annotate this Case
Sanders has been in solitary confinement for eight years, and the prison plans to keep him there for another ten. He has been diagnosed with intermittent explosive disorder, schizoaffective disorder, and other conditions that make him dangerous to others. Sanders alleged in a suit under 42 U.S.C. 1983 that the isolation, heat, and restricted airflow in solitary confinement harm aggravate his psychological problems and his asthma. The filing fee in federal court is $400. Sanders asked for permission to litigate in forma pauperis, 28 U.S.C. 1915(b), which is unavailable if the prisoner has, on three or more occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim, unless the prisoner is under imminent danger of serious physical injury. Sanders conceded that at least three of his prior suits or appeals have been dismissed as frivolous, malicious, or failing to state a claim. The Seventh Circuit vacated the dismissal of his suit, citing “the exception to the exception.” Sanders argued that his mental condition disposes him to self-harm, that he has twice tried to commit suicide, and has engaged in self-mutilation. Sanders’s history, coupled with the prison’s diagnosis of his condition, make his allegations plausible. The court stated that a court cannot simply disregard such an allegation as self-serving.