×
You've used up your 3 free articles for this month. Subscribe today.
No “Strike” Under PLRA When Some Claims are Heard on the Merits
Loaded on June 15, 2012
by Brandon Sample
published in Prison Legal News
June, 2012, page 40
A prisoner does not incur a “strike” under the Prison Litigation Reform Act (PLRA) unless his or her suit is dismissed entirely as frivolous, malicious or for failure to state a claim, the U.S. Court of Appeals for the Seventh Circuit held on November 2, 2010. On remand, the district ...
Filed under:
Retaliation,
Retaliation for Filing Grievances,
Administrative Exhaustion (PLRA),
Frivolous Litigation (PLRA).
Location:
Illinois.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- God’s Own Warden: If you ever find yourself inside Louisiana’s Angola prison, Burl Cain will make sure you find Jesus – or regret ever crossing his path, by James Ridgeway
- Angola: A Prison Passion Play, by John Dannenberg
- From the Editor, by Paul Wright
- No Budget Cuts for Federal Prisons, by James Ridgeway
- Death Sentences, Executions Remain at Low Levels, by Justin Miller
- Dallas County Passes Jail Inspections ... Finally
- Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law, by Matthew Clarke
- California Lifers: Deaths Exceed Parole Releases, by John Dannenberg
- Background Checks that Bar Employment of Ex-offenders May Violate Civil Rights
- Class-Action Settlement Cures Constitutional Violations at Pennsylvania Prison
- Hawaii ACLU Files Suit on Behalf of Women Who Want to Marry Prisoners, by Alex Friedmann
- Wrongful Convictions Prove Costly, Especially for the Wrongly Convicted, by Matthew Clarke
- Guard Who Identified Over 100 Prison Rioters Pleads Guilty to Contraband Charge
- Oregon Increases Sex Offender Registration Requirements
- Washington Prison Video Surveillance Recordings Exempt from Disclosure Under Public Records Act, by Michael Brodheim
- Florida Closes Oldest Boy’s School, Best Known for Abusive Past
- Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers, by Derek Gilna
- Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid
- CCA Anti-Prison Rape Shareholder Resolution Fails to Pass
- Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor”
- Ohio Wrongful Conviction Results in $2.59 Million Settlement
- Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme
- Arizona Jails Refuse to Incarcerate Some Offenders
- The Last Gasp: The Rise and Fall of the American Gas Chamber, by Scott Christianson (University of California Press, 2011)., by Julie Etter
- California Study Finds State Prison Overcrowding Driven by County Policy Decisions, Not Violent Crime Rates
- Pennsylvania County Prisons Not Reporting Critical Incidents
- Former BOP Guard Convicted, Sentenced in Murder-for-Hire Case
- Iowa Supreme Court Holds Billing for Fraudulent Prisoner Phone Calls Not a State Law Violation
- No “Strike” Under PLRA When Some Claims are Heard on the Merits, by Brandon Sample
- Tenth Circuit Voids Albuquerque’s Attempt to Ban Sex Offenders from Libraries, by Derek Gilna
- $47,500 Awarded to Massachusetts Prisoner Held in Segregation Without Hearing
- Second BOP Guard Convicted in Connection with Prisoner’s Murder, by Brandon Sample
- Seven Florida Prison Guards Arrested
- Washington Prisoners Have No Right to Inspect Records Under Public Records Act, by Brandon Sample
- Pennsylvania Prison Guard Convicted in Drug Probe, Testifies Against Coworkers
- Judge, Not Jury, Must Resolve Questions about Administrative Exhaustion
- $500,000 Settlement in Pennsylvania Jail Prisoner’s Medical-Related Death
- ACLU Report Proves Smart Criminal Justice Policy Reform is Possible, by David Reutter
- News in Brief
More from Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Unintended Consequence of Texas Prisoner Tablets: Retaliation from Fellow Prisoners, Aug. 15, 2024. Retaliation, Informants, Electronic Tablets, Securus.
- Florida Jail Chief’s Firing Upheld, Retaliation Lawsuit Headed to Trial, Aug. 15, 2024. Retaliation for Filing Grievances, Consequences of Firing Appointed Counsel.
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, Aug. 1, 2024. Retaliation, Probable/Proximate Cause, Arrest/Arraignment, Court of Claims.
- Sixth Circuit Revives Ohio Prisoner’s Retaliation Claim That Guards Got Him Kicked Out of Religious Group, July 1, 2024. Religious Discrimination, Retaliation for Filing Grievances, RLUIPA.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Seventh Circuit Affirms Dismissal of Retaliation Claim By Federal Prisoner Against Guard in Illinois Lockup Who Saw Grievance Against Him, July 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Civil Rights Actions or Offenses/Bivens Actions.
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.
- $500,000 Settlement for Colorado Prisoner Forced to Defecate in Bucket for 12 Days, May 1, 2024. Retaliation for Filing Grievances, Exposure to Cold, Toilets, Water, Sanitation, Strip Cells, Hygiene Supplies, Restraints.
- Dismissal Affirmed of Florida Prisoner’s Claim for Exposure to Human Waste, May 1, 2024. Retaliation for Filing Grievances, Hearing Officers, Showers, Sewage, Sanitation.