Wallace v. Baldwin, No. 17-2427 (7th Cir. 2018)Annotate this Case
Wallace was convicted of murder and sentenced to life without parole in 2006. A few months after he entered prison, he assaulted a guard. He has been in solitary confinement ever since. Wallace lodged a proposed complaint against prison officials and the Illinois Department of Corrections, alleging that his prolonged isolation exacerbates his mental illness, increases his risk of suicide, and violates his Eighth and Fourteenth Amendment rights. He is unable to pay the civil filing fee and sought leave to proceed in forma pauperis under 28 U.S.C. 1915. The district court denied the motion because Wallace had three “strikes” under the Prison Litigation Reform Act for frivolous cases and did not qualify for the statutory exception for a prisoner who is “under imminent danger of serious physical injury.” The Seventh Circuit vacated. Wallace has alleged sufficiently that he faces imminent danger of serious physical injury and has not yet received three “strikes” under the Act. Wallace cannot attend educational or religious classes, visit the law library used by the general population, or earn income from a prison job. Despite taking antidepressants for PTSD he experiences depression, anxiety, panic attacks, difficulty sleeping, and auditory hallucinations. He has attempted suicide at least five times, including three times during his years in segregation. Wallace’s motion to intervene in another prisoner’s suit under FRCP 24 did not qualify for a strike.