Keith Clayton Brooks, Jr. v. Celia Schwartz, et al.
SocialSecurity DueProcess CriminalProcedure
Will conditions of confinement that demonstrate a pattern of misconduct under the First and Fourteenth Amendments leading to suicidal impulses or urges, then aggravating those impulses and urges inextricably intertwined with post-traumatic stress disorder meet the burden of the exception to 28 U.S.C. §1915(g) for permitting review of a prisoner's complaint?
QUESTION(S) PRESENTED PETITIONER IS A STATE PRISONER ALLEGING FIRST AND FOURTEENTH AMENDMENT VIOLATIONS FOR RETALIATION AND DUE PROCESS VIOLATIONS AGAINST PRISON STAFF. PETITIONER IS INDIGENT AND HAS THREE STRIKES BUT MADE SPECIFIC, CREDIBLE ALLEGATIONS OF IMMINENT DANGER OF SERIOUS PHYSICAL HARM TO PROCEED WITHOUT PREPAYMENT OF FEES PURSUANT TO 28 U.S.C. §1915(g). PETITIONER ALLEGED A PATTERN OF MISCONDUCT THAT AGGRAVATED HIS POST-TRAUMATIC STRESS DISORDER, TRIGGERED, AND AGGRAVATED SUICIDAL URGES OR IMPULSES. EVENTUALLY, THE CONDITIONS BECAME SO CRITICAL THAT PETITIONER BROKE OUT INTO STRESS RELATED HIVES OVER 75% OF HIS BODY THAT BENADRYL SHOTS WOULD INADEQUATE TO TREAT. THIS CONDITION LASTED TWO WEEKS UNTIL PETITIONER WAS TRANSFERRED WITH THE ASSISTANCE COMMUNITY ADVOCATES. THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO DENIED THE MOTION, PRE-TRANSFER, FINDING THAT PETITIONER FAILED TO ALLEGE OR DEMONSTRATE HE WAS IN IMMINENT DANGER OF SERIOUS PHYSICAL INJURY. THE TENTH CIRCUIT COURT OF APPEALS DISMISSED THE CASE WITHOUT APPLYING ANY STANDARD FOR EVALUATING WHETHER THE CONDITIONS OF CONFINEMENT, AS ALLEGED IN THE PRISONER’S COMPLAINT AND IN SUPPORT OF THE MOTION TO SHOW CAUSE, CREATED A CONDITION OF IMMINENT DANGER OF SERIOUS PHYSICAL HARM OR A PATTERN DEMONSTRATING AGGRAVATION OF POST-TRAUMATIC STRESS DISORDER, TRIGGERING, THEN AGGRAVATING SUICIDAL URGES OR IMPULSES ACCORDING TO THE FIRST AND FOURTEENTH AMENDMENTS. A WRIT OF CERTIORARI IS NEEDED ON THE FOLLOWING ISSUE: WILL CONDITIONS OF CONFINEMENT THAT DEMONSTRATE A PATTERN OF MISCONDUCT UNDER THE FIRST AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION LEADING TO SUICIDAL IMPULSES OR URGES, THEN AGGRAVATING THOSE IMPULSES AND _ URGES INEXTRICABLY INTERTWINED WITH POST-TRAUMATIC STRESS DISORDER MEET THE BURDER OF THE EXCEPTION TO 28 U.S.C. §1915(G) FOR PERMITTING REVIEW OF A_ PRISONER’S COMPLAINT?