Chavarria v. Stacks

Even though this court has recognized that sleep is a basic human need, the denial of which can violate the Eighth Amendment, this court today decides that a prisoner’s allegation that he is being deprived of sleep is frivolous—i.e., based on an “indisputably meritless legal theory.” Berry v. Brady, 192 F.3d 504, 507 (5th Cir.1999) (emphasis added) (citation and internal quotation marks omitted). I would hold that the magistrate judge abused his discretion in dismissing Chavarria’s claim as frivolous, vacate the district court’s dismissal for failure to state a claim, and remand for further…