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