USCA11 Case: 20-11489 Date Filed: 03/17/2021 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-11489 Non-Argument Calendar ________________________ D.C. Docket No. 2:19-cv-01067-WHA-CSC BRENT JACOBY, Plaintiff - Appellant, versus OFFICER LANIER, in his individual capacity, CAPTAIN MCKEE, in his individual capacity, SGT. HALL, in his individual capacity, TERRENCE CALVIN, Lt., in his individual capacity, OFFICER CLAY, in his individual capacity, Defendants - Appellees. ________________________ Appeal from the United States District Court for the Middle District of Alabama ________________________ (March 17, 2021) USCA11 Case: 20-11489 Date Filed: 03/17/2021 Page: 2 of 7 Before WILSON, JORDAN, and GRANT, Circuit Judges. PER CURIAM: Brent Jacoby, an Alabama prisoner incarcerated at Elmore Correctional Facility (Elmore), appeals the dismissal of his compliant filed pursuant to 42 U.S.C. § 1983. The district court denied Jacoby’s request to proceed in forma pauperis (IFP) based on the “three strikes” rule imposed by 28 U.S.C. § 1915(g). The district court found that Jacoby previously filed three or more lawsuits that were dismissed as frivolous and concluded that Jacoby failed to show that he was in “imminent danger of serious physical injury.” § 1915(g). On appeal, Jacoby contends that he did demonstrate imminent danger, and therefore the district court should have allowed him to proceed IFP. I. Jacoby claims that multiple prison officials at Elmore used excessive force against him and that he was in imminent danger of serious physical injury when he filed his complaint. More specifically, Jacoby claims that on November 20, 2020, Defendant Officer Lanier pepper-sprayed him and refused to decontaminate him in violation of the policies of the Alabama Department of Corrections (ADOC). The next day Officer Lanier punched Jacoby in the face and body. Jacoby claimed that he was in so much pain, he thought he broke his jaw. Two days later, Defendant Sergeant Hall kicked Jacoby, causing him to fall and injure his chest and ribs. That 2 USCA11 Case: 20-11489 Date Filed: 03/17/2021 Page: 3 of 7 same day, Defendant Officer Clay, who was annoyed by Jacoby’s complaints, physically and verbally assaulted him. And after Sergeant Hall’s alleged assault, Defendant Lieutenant Calvin pepper-sprayed Jacoby without provocation and refused to decontaminate him afterwards, in violation of the ADOC’s policies. After being sprayed, Jacoby’s eyes and face were burning, and he was barely able to breathe. He also states that his asthma put him at a higher risk of injury from the pepper spray. Jacoby claims that he reported the incidents and asked for protective custody multiple times but was not provided protection. After these assaults, Jacoby was transferred to Kilby Correctional Facility (Kilby), where he allegedly suffered additional physical abuse.1 At Kilby, he was placed on suicide watch and was also treated by medical personnel, who told him he had two broken ribs. About two weeks later, Jacoby was transferred back to Elmore. There, some of the Defendants continued to abuse him physically and verbally. Officer Lanier and Lieutenant Calvin also threatened Jacoby, …
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