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Civil Rights Violation – Prisoner

By: Derek Hawkins//October 25, 2017//

Civil Rights Violation – Prisoner

By: Derek Hawkins//October 25, 2017//

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7th Circuit Court of Appeals

Case Name: Cordell Sanders v. Michael Melvin, et al.,

Case No.: 17-1938

Officials: BAUER, EASTERBROOK, and MANION, Circuit Judges.

Focus: Civil Rights Violation – Prisoner

Sanders alleges in this suit under 42 U.S.C. §1983 that, although his confinement may protect guards and other prisoners, the isolation, heat, and restricted air flow in solitary confinement harm him by aggravating both his psychological problems and his asthma. He contends that the conditions of his confinement—if not the fact of long-term solitary. Sanders maintains that asthma and a deteriorating mental state satisfy the exception to the exception: a “prisoner … under imminent danger of serious physical injury” may litigate in forma pauperis no matter how many strikes he has.

Having found that Sanders has made a plausible allegation of imminent, serious physical harm, we must remand for further proceedings to determine whether the allegation is true. The court cannot disregard the allegation as self-serving, but neither must the court accept whatever a prisoner says. See, e.g., Fletcher v. Menard Correctional Center, 623 F.3d 1171, 1172–73 (7th Cir. 2010); Taylor, 623 F.3d at 485–86.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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