Billy R. Shapley v. Nevada Board of State Prison Commissioners, an Administrative Body

Billy R. Shapley, a Nevada state prisoner, appeals the district court’s dismissal of his complaint as frivolous under 28 U.S.C. § 1915 (d). He contends that the district court erred in determining that res judicata and collateral estoppel rendered frivolous his claim that prison officials were deliberately indifferent to his medical needs by denying him surgery. He also claims that the district court erred in dismissing his action without discussing his allegation that the state violated his federally protected rights by charging $3 for each medical visit. We reverse on the deliberate medical indifference claim, and affirm on the fee imposition claim.

I.

BACKGROUND

Shapley, an inmate at the Northern Nevada Correctional Center, injured his knee in 1978 while he was incarcerated. In 1981, he filed a pro se complaint under 42 U.S.C. § 1983 against various prison officials and employees, alleging several claims of medical indifference. He specifically alleged that prison, officials had improperly withheld medication, refused to deliver food to his room, and aggravated his condition by transferring him to a unit further from the mess hall. After a bench trial in January 1982, the…