Abraham Gladney, Jr. v. Pendleton Correctional Facility and Indiana Department of Corrections

302 F.3d 773
Court of Appeals for the Seventh Circuit·Decided October 3, 2002·No. 01-2182·Published·Cited by 175 cases

Opinion

POSNER, Circuit Judge.

A state prison inmate brought a civil rights suit against prison officials. The district court dismissed the suit as frivolous, 28 U.S.C. § 1915A(b)(l), and the inmate appeals. The only issue, one we left open in Sanders v. Sheahan, 198 F.3d 626 (7th Cir.1999), but think the time has come to resolve, is the standard of appellate review of determinations of “factual” frivolousness under section 1915A(b)(l). Usually suits are dismissed as frivolous because there is absolutely no legal basis for the plaintiffs claim. Sometimes, however, a suit is dismissed because the facts alleged in the complaint are so nutty (“delusional” is the polite word) that they’re unbelievable, even though there has been no evidentiary hearing to determine their truth or falsity. See, e.g., Lee v. Clinton, 209 F.3d 1025, 1025 (7th Cir.2000); Bilal v. Driver, 251 F.3d 1346 (11th Cir.2001); Lawler v. Marshall, 898 F.2d 1196, 1199 (6th Cir.1990). Stated differently but with the same result, no evidentiary hearing is required in a prisoner’s case (or anyone else’s, for that matter) when the factual allegations are incredible. Blackledge v. Allison, 431 U.S. 63, 76, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977); United States v. McMullen, 98 F.3d 1155, 1159 (9th Cir.1996); Peavy v. United States, 31 F.3d 1341, 1345 (6th Cir.1994); Houston v. Lockhart, 982 F.2d 1246, 1250 (8th Cir.1993). That was the basis of the dismissal here. The complaint alleges that on numerous occasions over a span of three years unnamed guards at three different prisons unlocked the door to the plaintiffs cell while he was asleep, allowing inmates to come in and drug and sexually assault him. He slept through all these outrages and only discovered what had happened when one day he noticed a needle mark under his lip. When he visited the prison infirmary to have the mark attended to, the medical personnel claimed not to see the mark because they were trying to make him think that he was delusional. These are copycat allegations from Denton v. Hernandez, 504 U.S. 25, 27-28, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992), and are obviously and knowingly false.

It was Denton, coincidentally, that held that a district court’s finding of factual frivolousness under an earlier, similarly worded statute, 28 U.S.C. § 1915(d), is to be reviewed for abuse of discretion, a deferential standard. True, the district judge hasn’t a great advantage over the appellate judges when it comes to assessing the adequacy of a complaint, but, as emphasized in Denton itself and in a number of other eases as well, see 504 U.S. at 33, 112 S.Ct. 1728; Neitzke v. Williams, 490 U.S. 319, 328, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989); Bilal v. Driver, supra, 251 F.3d at 1349; Nasim v. Warden, 64 F.3d 951, 955 (4th Cir.1995); Adams v. Rice, 40 F.3d 72, 74 (4th Cir.1994) (though only Bilal and Adams involved factual frivolousness), he has some, because district judges see many more prisoner suits, with their often bizarre allegations, than appellate judges do. In addition, the determination that *775 particular factual allegations are too crazy to trigger any sort of evidentiary proceeding (such as requiring the defendants to file affidavits in support of a motion for summary judgment) is case-specific and so does not engage the primary duty of an appellate court, which is to maintain the coherence and (reasonable) uniformity, as well as the lawfulness and intelligence, of legal doctrine. See, e.g., Buford v. United States, 532 U.S. 59, 65-66, 121 S.Ct. 1276, 149 L.Ed.2d 197 (2001); Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 403-04, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990); Thomas v. General Motors Acceptance Corp., 288 F.3d 305, 307-08 (7th Cir.2002); United States v. Hill, 196 F.3d 806, 808 (7th Cir.1999); Mars Steel Corp. v. Continental Bank N.A., 880 F.2d 928, 933-34 (7th Cir.1989); United States v. Childress, 58 F.3d 693, 702-03 (D.C.Cir.1995).

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Abraham Gladney, Jr. v. Pendleton Correctional Facility and Indiana Department of Corrections, 302 F.3d 773 (7th Cir. 2002).

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