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Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
Loaded on Sept. 15, 1999
published in Prison Legal News
September, 1999, page 18
Third Circuit Holds 28 USC § 1915(g) Does Not Apply RetroactivelyThe court of appeals for the Third circuit held that 28 U.S.C. § 1915(g) does not allow courts to revoke the In Forma Pauperis status of litigants who were granted IFP status before the Prison Litigation Reform Act's (PLRA) …
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More from this issue:
- Wreaking Medical Mayhem in Washington Prisons, by Tara Herivel
- A Foul Trend Emerges, by Tara Herivel
- Is Health Care Too Much to Ask For?, by Silja JA Talvi
- Ex-Prisoner Gets $850,000 for Broken Neck
- Arkansas Department of Corruption Revealed
- County Jail Political Shenanigans, Corruption Revealed
- From the Editor, by Dan Pens
- Crime and Punishment in America, by Elliot Currie (Review), by H Bruce Franklin
- The Way the Wind Blew: A History of the Weather Underground, by Ron Jacobs (Review), by Paul Wright
- Texas Prison Warehouses (Letter), by DG "Tex" Hoffman
- Beaten Connecticut Jail Detainee Awarded $2.07 Million
- Missouri Proposes $2.2 Million Settlement
- New Mexico Riot Rooted in Religious Rights
- Rikers Island Detainee Shot
- Tennessee Supreme Court Upholds Private Prison Disciplinary Procedures
- Prison Realty Board Member Settles Ethics Complaints
- West Virginia DOC Commissioner Resigns After Beating Wife
- Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack
- Texas Jail Whistleblower Awarded $3.3 Million
- Washington 35% Spousal Suit Update
- Arizona DOC Settles Kosher Diet Suit
- US Supreme Court Holds Media Ride-Alongs Unconstitutional
- Transsexual Awarded $755,000 in Jail Strip Search
- PLRA Physical Injury Requirement Constitutional, by James Quigley
- Tobacco Smoke Exposure Requires Trial
- DC Circuit Lifts Injunction on BOP Porn Ban
- De Novo Review for § 1915A Dismissals
- Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively
- Three Strikes Upheld by Ninth Circuit
- Administrative Exhaustion Required in all Cases
- State Court Dismissals Don't Count as Strikes
- Automatic Stay Provision Unconstitutional
- Total Administrative Exhaustion Not Required
- No Exhaustion Required in Wisconsin When Only Money Damages Are Sought
- No Written Screening or Administrative Exhaustion Required
- Physical Injury Requirement Doesn't Apply to Court Access Claims
- Fact Issue of Physical Injury Precludes Summary Judgment, by Ronald Young
- Wright Dismissed on Remand
- Private Prison Denied Wiretap Exception
- No Court Access Right to Litigate Civil Forfeiture
- Prisoners Have First Amendment Right to Private Conversations with Their Attorneys
- Liberty Interest in Erroneous Parole Release, by Ronald Young
- Prisoner Suing Prison Physician for Deliberate Indifference
- Prisoner Can Attend His Civil Trial at Government Expense
- Stun Belts in Court Unconstitutional
- Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2)
- Lack of Standing Eviscerates Court Access Class Action
- News in Brief
- PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
- Denial of Exercise Is "Atypical and Significant"
More from these topics:
- Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, Oct. 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Complaints, Abuse of Discretion Standard, Pro Se Issues.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Sixth Circuit Clarifies What Constitutes PLRA “Strike” and Reinstates Michigan Prisoner’s Lawsuit, Nov. 1, 2025. Filing Fees (PLRA), Frivolous Litigation, Sovereign Immunity, Access To Courts.
- Ninth Circuit Springs California Prisoners from “Catch-22” Reading of PLRA, Oct. 1, 2025. Filing Fees (PLRA), Mental Health.
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).

