United States District Court, S.D. Texas, Houston Division
MEMORANDUM ON DISMISSAL
H. BENNETT UNITED STATES DISTRICT JUDGE.
Leroy Sossamon, III, a Texas Department of Criminal Justice
inmate, sued in August 2019, alleging civil rights violations
resulting from a denial of adequate medical care. Sossamon
seeks leave to proceed in forma pauperis. Sossamon,
proceeding pro se, sues Bryan Collier, Executive Director of
the Texas Department of Criminal Justice, and Lorie Davis,
Director of the TDCJ-CID.
threshold issue is whether Sossamon's claims should be
dismissed as barred by the three-strikes provision of 28
U.S.C. § 1915(g). The Court concludes that
Sossamon's claims are barred and should be dismissed for
the reasons stated below.
asserts that on November 6, 2018, he was improperly
transferred from the Robertson Unit to the Estelle Unit.
Sossamon states that physicians at the Hendricks Medical
Center in Abilene, Texas were treating his heart condition,
congestive heart failure, and monitoring his pacemaker.
Sossamon states that on June 27, July 4, and July 20, 2019,
he had chest pains, and medical personnel performed an EKG
and prescribed Nitroglycerin tablets. Sossamon asserts that
prison officials were deliberately indifferent to his serious
health conditions by placing him in administrative
segregation and denying him proper medical examinations by a
seeks unspecified emergency injunctive relief and punitive
prisoner is not allowed to bring a civil action in forma
pauperis in federal court if, while incarcerated, three or
more of his civil actions or appeals were dismissed as
frivolous or malicious or for failure to state a claim upon
which relief may be granted, unless he is in imminent danger
of serious physical injury. 28 U.S.C. § 1915(g).
litigation history reveals that he has previously submitted
abusive and scurrilous filings in federal court. Prior to
filing this action, he had at least three suits dismissed as
frivolous. Sossamon v. Leal, 1:09-0058 (dismissed as
frivolous on August 30, 2011)(N.D. Tex.); Sossamon v.
Livingston, l:08-CA-465-SS (dismissed as frivolous on
November 24, 2008)(W.D. Tex.); and Sossamon v. Cook,
1:05-CV-221-BI (dismissed as frivolous on March 28,
present case, Sossamon alleges that he is in imminent danger
of serious physical injury due to the denial of adequate
medical care for his heart condition. Sossamon's
allegations reflect that: (1) TDCJ officials have been
providing medical care for him through the prescription of
medications for his heart condition and other medical issues;
and (2) he has been examined and treated at the Hendricks
Medical Center in Abilene and the unit infirmary for his
medical issues. Records attached to his complaint show that
prison medical personnel examined Sossamon on at least three
occasions at his cell. (Docket Entry No. 1, pp. 11, 13, 15).
Medical personnel further advised Sossamon that he would be
scheduled for an appointment to replace the battery in his
pacemaker. (Id. at 17). His allegations as a whole
reflect his disagreement with the medical care being afforded
him. Such disagreement, however, is insufficient to show that
he is in imminent danger for purposes of § 1915(g).
Sossamon v. Gregory, 735 Fed.Appx. 158, 159 (5th Cir.
2018). See also Edmondv. Tex. Dep't of Corrs.,
No. 97-10819, 161 F.3d 8, 1998 WL 723877, at *3 (5th
Cir. Oct. 7, 1998) (per curiam) (Allegations about the
quality of medical care are insufficient to meet the
threshold requirement of imminent danger of physical injury).
has failed to show that he should be allowed to proceed IFP
under § 1915(g) or that his complaint presents a
nonfrivolous issue. See Banos v. O 'Guin, 144
F.3d 883, 885 (5th Cir. 1998); Carson v. Polley, 689
F.2d 562, 586 (5th Cir. 1982).
Sossamon has previously argued that he was in imminent danger
of serious physical injury, yet the United States Court of
Appeals for the Fifth Circuit rejected it, stating: Sossamon
argues that the exception to the § 1915(g) bar should
apply because he is under imminent danger of a serious
physical injury. In support of this contention, he complains
that he suffers from congestive heart failure, hypertension,
diabetes, and stage-3 kidney disease and that, on December 6,
2017, he was not provided with a wheelchair-equipped van for
transport to an outside medical appointment to have his
pacemaker monitored. Requiring him to use a regular prison
van, he believes, will put him at risk of serious physical
injury or death.
Prison records filed by Sossamon reflect that his
medical-transportation restrictions expired prior to the date
of his medical appointment. Sossamon's disagreement with
his medical care is not sufficient to show that he ...