WILLIAMS
v.
BABY DOLL'S GENTLEMAN'S CLUB

M.D. Fla. | 2024-06-25
No. 8:23-cv-2144
2024 FFL 13970 District Court, M.D. Florida (2024)

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Synopsis

Williams, a pro se litigant, sought reconsideration of her case's dismissal under the in forma pauperis statute (28 U.S.C. § 1915(g)), arguing she qualified for the imminent-danger exception based on mental health conditions. The court rejected this argument, holding that psychological injuries alone cannot satisfy the imminent-danger exception, which requires credible allegations of imminent physical harm.


Holding

Allegations of mental illness without more are insufficient to satisfy the imminent-danger exception to § 1915(g), which requires specific, credible allegations of imminent danger of serious physical harm. Mental health conditions constitute psychological rather than physical injuries and therefore cannot meet the statutory exception.


Headnotes

[1] Allegations of mental illness alone are insufficient to satisfy the "imminent-danger" exception to 28 U.S.C. …

[2] The "imminent-danger" exception to 28 U.S.C. …

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Key Quotes

“[E]motional or psychological injuries are not physical injuries and therefore cannot satisfy the requirements of § 1915(g).”

Establishes the core legal principle that psychological injuries do not meet the statutory exception

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Facts & Procedural History

Plaintiff Williams filed suit against Baby Doll's Gentleman's Club and sought to proceed in forma pauperis. Her case was dismissed under 28 U.S.C. § 1…

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Opinion of the Court

Before the Court is Plaintiff's "Motion to Pay" (Doc. 11), which the Court construes as a motion to reconsider the order dismissing this case under 28 U.S.C. § 1915(g) (see Doc. 3). Plaintiff argues she meets the “imminent-danger" exception to § 1915(g) because she suffers from depression, PTSD, and "schizobipolar." But Plaintiff's allegation that she suffers from mental illness, without more, is insufficient to meet the “imminent-danger" exception to § 1915(g). See, e.g., Clay v. Martin, 2023 WL 2733387, at *3 (M.D. Ga. Mar. 31, 2023) (“[E]motional or psychological injuries are not physical injuries and therefore cannot satisfy the requirements of § 1915(g).") (citing Sanders v. Melvin, 873 F. 3d 957, 960 (7th Cir. 2017) (prisoner's allegations of "deteriorating mental state" insufficient to satisfy the § 1915(g) exception because "[m]ental deterioration. . .is a psychological rather than a physical problem"); Mathews

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v. Streeit, 2024 WL 1589499, at *2 (N.D. Fla. Mar. 21, 2024), report and recommendation adopted, 2024 WL 1585932 (N.D. Fla. Apr. 11, 2024) ("The [imminent-danger] exception requires a showing of specific, credible allegations of imminent-danger of serious physical harm.") (citation and internal quotation marks omitted). Accordingly, Plaintiff provides no basis for the Court to reconsider the dismissal under § 1915(g). Plaintiff's "Motion to Pay" (Doc. 11) is therefore DENIED.

DONE and ORDERED in Tampa, Florida on June 25, 2024.

Charlene Edwards Honeywell Charlene Edwards Honeywell United States District Judge

Copies to: Plaintiff, pro se

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