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Frivolous Dismissal Reviewed Under Abuse of Discretion Standard
Loaded on July 15, 2002
published in Prison Legal News
July, 2002, page 21
The court of Appeals for the Eleventh Circuit has held that a district court's dismissal of a prisoner's 42 U.S.C. § 1983 suit for frivolousness is reviewed by the abuse of discretion standard. It also held that the prisoner's litigation history may be considered. Jamal Ali Bilal filed suit against …
Filed under:
Frivolous Litigation (PLRA),
Stun Guns/Tasers,
Civil Procedure,
Complaints.
Location:
Florida.
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More from this issue:
- Two Private Kentucky Youth Facilities Closed for Abuse, by Gary Hunter
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics: Unknown Defendant Identities, by John Midgley
- PLN Sues Kansas DOC Over Censorship Policies
- PLN Sues Oregon DOC Over Mail Censorship, Again
- Oregon Prisoners Sue for HCV Treatment
- Court Issues TRO Protecting Constitutional Right to Family Relationships, by David Reutter
- Moore Medical and Prison Industry Leaders Sign Agreements
- Georgia Sheriff Charged in Murder of Successor, by Lonnie Burton
- Deaths in Florida and Virginia Jails Spark National Investigations, by Gary Hunter
- Prison Population Growth Slows Dramatically in 2000
- Illinois Man Awarded $15 Million for 15 Years of Wrongful Imprisonment
- Texas Jail Chaplain Rapes Female Prisoners
- Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings
- Washington Malpractice Suits Allowed Against Defense Attorneys Despite Alford Plea
- $603,500 in Washington Jail Guard Discrimination Suit
- Wrongly Paroled Texas Prisoner Entitled to Street Time
- Prisoners at Private Federal Prison in California Strike Over Food, Medical Care, by Lonnie Burton
- Schenectady's Jail Strip Search Policy Unconstitutional
- $20,000 Settlement in Montana Jail Strip Search
- Resource Directories
- Deputy Causing Loss of Fingertip States Federal and State Claims
- PLRA Requires Sequential Fee Collection
- Frivolous Dismissal Reviewed Under Abuse of Discretion Standard
- Washington Court of Appeals Adopts Federal "Mailbox Rule"
- Colorado Parole Board Member Busted for Child Porn
- Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld
- Texas Slavery Upheld Again
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- No Jurisdiction for Appeal When Qualified Immunity Not Denied
- No Jurisdiction for Interlocutory Appeal Over Medical Treatment
- Texas Prisoners Have No Absolute Right to Appear in Civil Cases
- No Qualified Immunity in Illinois Denial of Exercise Claim
- Illinois Contraband Law Revisited
- Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal
- Interview by One Montana Parole Board Member Violates Due Process
- Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim
- Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment
- Alaska Filing Fee Statute Upheld
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- Colorado Denial of Motion to Amend Complaint Reversed
- BOP Finger Amputation States Eighth Amendment Claim
- Alabama Jail Enjoined for "Uncivilized and Hazardous Conditions"
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- News in Brief
More from these topics:
- 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.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Guards at an Infamous Mississippi Jail Mocked a Disabled Detainee, Dec. 1, 2025. Guard Misconduct, Jail Misconduct, Disabled Prisoners, Stun Guns/Tasers, Punishment.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- California’s Attorney General Is Suing Los Angeles County Jails Over “Inhumane Conditions”, Nov. 1, 2025. Jail Misconduct, Totality of Conditions, Food, Overcrowding, Exposure to Cold, Plumbing, Sewage, Sanitation, Hygiene Supplies, Vermin, Exposure to Heat, Guard Brutality/Beatings, Complaints, Consent Decrees, Failure to Treat (Mental Illness).
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025. War on Terror, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Terrorism.
- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.

