JOSEPH R. HARMON, PLAINTIFF-APPELLANT,
v.
W.C. BERRY AND DAVID MORSE, DEFENDANTS-APPELLEES
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The court held that a prisoner's pro se complaint alleging endangerment due to being labeled a "snitch" and subsequent rumors is sufficient to survive a motion to dismiss for frivolousness.
A prisoner alleged that a correctional officer spread a rumor that he was an informant, leading to threats from other inmates. He also alleged the war…
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PER CURIAM:
Joseph Harmon, an Alabama state prisoner incarcerated at Staton Correctional Facility, brings this 42 U.S.C. § 1983 action against the prison warden and a correctional officer. The district court, acting upon a magistrate’s recommendation, summarily dismissed the action as frivolous before service on the defendants. We reverse and remand to the district court for further proceedings.
Harmon, proceeding in forma pauperis and pro se, alleged in his complaint that Morse, a correctional officer at the Hamilton Work Release Center, told White, another inmate, that Harmon had informed on White, endangering Harmon’s life due to the possibility of retaliation by White, and by other inmates who now consider him a snitch. Harmon also alleged that Berry, the warden, transferred White to Staton after this incident, knowing that he might be placing Harmon in danger.
Finally, Harmon alleged that prison officials were telling inmates that they were receiving harsher disciplinary penalties than they otherwise would be given because Harmon had another lawsuit against the center; Harmon stated that this rumor further endangered his life by engendering more hostility to him among inmates. He sought monetary damages and injunctive relief to keep the defendants from further retaliating or spreading rumors against him. He attached to his complaint a statement from inmate White supporting that Morse had spread the rumor that Harmon was a snitch, that it had led to harsh words between him and Harmon, and that prison officials were blaming stiff disciplinary penalties on Harmon’s lawsuit.
The U.S. Magistrate filed a report recommending that the motion to proceed in for-ma pauperis be granted and that the complaint be summarily dismissed as frivolous because Harmon did not allege in his complaint that he had been attacked or threatened. Harmon filed timely objections to the report stating inter alia that White indeed had threatened his life half an hour after Morse told White that Harmon had “fingered him,” and had attacked him. Harmon also stated that he lived in constant fear and suffered great mental anguish. The district court dismissed the ac tion and denied leave to appeal in forma pauperis. This court granted the motion to appeal in forma pauperis.
If a district court finds that a case wherein the prisoner is proceeding in forma pauperis is either frivolous or malicious, then the court may dismiss the action prior to service of process. 28 U.S.C. § 1915(d).
An action is frivolous under this section if it is without arguable merit. Pace v. Evans, 709 F. 2d 1428, 1429 (11th Cir.1983).
A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the prisoner can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); Pace, 709 F. 2d at 1429. Under Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972), a pro se prisoner complaint is governed by “less stringent standards than formal pleadings drafted by lawyers.”
Prisoners have a constitutional right to be protected from violence while in custody. Jones v. Diamond, 636 F. 2d 1364, 1374 (5th Cir.),1 cert. dismissed sub nom. Ledbetter v. Jones, 453 U.S. 950, 102 S.Ct. 27, 69 L.Ed.2d 1033 (1981); McCray v. Sullivan, 509 F. 2d 1332, 1334 (5th Cir.), cert. denied, 423 U.S. 859, 96 S.Ct. 114, 46 L.Ed.2d 86 (1975).
In Gullatte v. Potts, 654 F. 2d 1007, 1009-10 (5th Cir.1981), the inmate was known to be a “snitch” and was murdered after he was transferred to the general prison population of a maximum security unit. His wife brought suit and the former Fifth Circuit remanded the action to the district court for determination of whether the warden knew or should have known of the danger “snitches” are in when placed in a general prison population. Id. at 1012-15.
Harmon’s claims, construed liberally as they must be, allege that prison officials have labeled him a snitch and are exposing him to inmate retaliation, perhaps because of his conduct in bringing prior lawsuits against the center. The claim, on its face, is sufficient to carry this cause of action through the service of process stage.
REVERSED and REMANDED for further proceedings.
. In Bonner v. City of Prichard, 661 F. 2d 1206, 1209 (11th Cir.1981) (en banc), this court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to October 1, 1981.
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Zatler v. Louie L. Wainwright, 802 F.2d 397 (11th Cir. 1986)…us, it is well settled that a prison inmate has a constitutional right to be protected from the constant threat of violence and from physical assault by other inmates. Gullatte v. Potts, 654 F. 2d 1007, 1012 (5th Cir.1981). See also Harmon v. Berry, 728 F. 2d 1407, 1409 (11th Cir.1984) (per curiam); Jones v. Diamond, 636 F. 2d 1364, 1373 (5th Cir.1981) (en banc). However, “[t]his does not mean that the constitutional rights of inmates are violated every time a prisoner is injured. It would not be reasonable t…
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Dean v. Barber, 951 F.2d 1210 (11th Cir. 1992)…d by litigants represented by lawyers. See, e.g., Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972) (“[W]e hold [pro se complaints] to less stringent standards than formal pleadings drafted by lawyers.”); Harmon v. Berry, 728 F. 2d 1407, 1409 (11th Cir.1984) (pro se prisoner complaint governed by less stringent standards than formal pleadings). Dean’s pleadings, therefore, will be looked at with special care. A. Summary Judgment The district court erred by granting summary judgmen…
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Battle v. Cent. State Hosp., 898 F.2d 126 (11th Cir. 1990)…termining that an in forma pau-peris complaint falls to the level of being “frivolous or malicious”, to dismiss a lawsuit prior to service on the defendants. See Phillips v. Mashburn, 746 F. 2d 782, 784 (11th Cir.1984) (per curiam); Harmon v. Berry, 728 F. 2d 1407, 1408 (11th Cir.1984) (per curiam). Our prior precedents provided the lower courts with conflicting signals as to what constitutes a “frivolous or malicious” complaint for purposes of a § 1915(d) dismissal. For example, in Phillips v. Mashburn, thi…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Conley v. Gibson, 355 U.S. 41 (U.S. 1957)
- Bonner v. City OF Prichard, 661 F.2d 1206 (11th Cir. 1981)
- Haines v. Kerner, 404 U.S. 519 (U.S. 1972)
- Jones v. Diamond, 636 F.2d 1364 (5th Cir. 1981)
- Eddings v. Oklahoma, 453 U.S. 950 (U.S. 1981)
- Atchison v. United States, 453 U.S. 950 (U.S. 1981)
- McCRAY v. Sullivan, 509 F.2d 1332 (5th Cir. 1975)
- Kaye v. United States, 423 U.S. 859 (U.S. 1975)
- Pace v. Evans, 709 F.2d 1428 (11th Cir. 1983)
- Gullatte v. Potts, 654 F.2d 1007 (5th Cir. 1981)