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The PLRA Does Not Change Leave to Amend Rule
Loaded on Aug. 15, 2003
by Bob Williams
published in Prison Legal News
August, 2003, page 36
The PLRA Does Not Change Leave To Amend Rule
Filed under:
Medical,
Injury -- Misc.,
Complaints,
Eleventh Amendment Immunity,
Municipal Liability.
Location:
Pennsylvania.
by Bob Williams
The Third Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) does not mandate dismissal of an indigent litigant's deficient complaint without leave to amend, where the amendment would not be futile or inequitable, …
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More from this issue:
- America's Prisons Turn a Blind Eye to HCV Epidemic, by Mark Wilson
- Pregnant Wisconsin Prisoner Punished for Sexual Contact While Guard Walks Free, by Lonnie Burton
- Louisiana Guards' Conviction Upheld in Prisoner's Beating
- From the Editor, by Paul Wright
- California Prison Policy Restricting Book Orders Enjoined
- 900 British Prisoners Freed Following Court Ruling
- Massachusetts Jury Awards $175,000 to Beaten Ex-Prisoner
- Sexual Harassment Scandal Rocks Connecticut DOC
- Criminal Law Update, by Reaves, Jr, Walter M
- Los Angeles County Liable Under § 1983 for Jail Detainee's Murder
- Oregon HCV Suit Certified as Class Action
- Sadistic New Jersey Prison Doctor's License Revoked Amid Allegations of Neglect, Malpractice, by Lonnie Burton
- $178,294 Awarded in BOP Malpractice Suit
- $3.2 Million Awarded to New York Jail Prisoner in Work Accident
- Pro Se Tips and Tactics: Damages, by John Midgley
- Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted
- Settlement of Hamilton County, Ohio, Jail Booking Fees Case
- Butler County, Ohio, Settles Jail Booking Fee Suit
- Director Out at Scandal-Plagued Washington State Jail, by Lonnie Burton
- Rikers Island Jail Chief Demoted
- Arizona Prisoner Entitled to Workers' Compensation Payments During Period of Incarceration
- North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect, by Lonnie Burton
- Deaths and Beatings Rampant in Texas' Nueces County Jail, by Gary Hunter
- Behind the Walls: A Guide for Families and Friends of Texas Prison Inmates, by Michael Rigby
- DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection
- Federal Prisoners Enlisted for Dangerous Computer Refurbishing, by Lonnie Burton
- Probation and Parole Populations Continued to Rise in 2001
- Overt Act Unnecessary to Allege Conspiracy Claim in 7th Circuit
- U.S. Supreme Court Upholds California's Harsh Three-Strikes Law, by John E Dannenberg
- News in Brief
- News in Brief
- The PLRA Does Not Change Leave to Amend Rule, by Bob Williams
- Illinois Settles Visitor Strip Search Suit for $237,000
More from Bob Williams:
- Ninth Circuit Reverses Suit Over Fees Charged Prepaid Debit Cards Given To Released Prisoners, April 1, 2020
- Safety at Any Price - Massachusetts Corrections Fiscal Failure , Sept. 22, 2015
- Tenth Circuit: Heck Not Applicable To Diversions; Notice Required Before Statute Of Limitations Dismissal, July 3, 2015
- No Rehearing For Disciplinary Actions Vacated On Substantive Grounds, July 15, 2011
- Treatment Required For Prisoners Committing Sex Offenses In Prison, July 15, 2011
- Tenth Circuit Reverses Lawsuit on Hygiene Versus Court Access for Second Time, June 15, 2011
- Shrinking Budgets Force States to Cut Corrections Spending, March 15, 2010
- Maryland: Parole Supervision Fee Likely Does More Harm than Good, Feb. 15, 2010
- One of Every 11 Prisoners Now Serving Life Sentence, Feb. 15, 2010
- Pennsylvania Contractor Prohibited from Using State and Federal Funds for Religious Purposes, April 15, 2009
More from these topics:
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Ambulance Calls at Boston Jail Have Tripled Since 2010, June 1, 2026. Jail Misconduct, Systemic Medical Neglect, Injury -- Misc., Failure to Treat.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- Prisoners in Oklahoma Can Now Buy Vapes, Pouches from Commissary, April 1, 2026. Medical, Statistics/Trends, Commissary, Prison Regulations.
- Minnesota Study Shows Disproportionate Rate of Health and Mental Problems for Recently Incarcerated, March 1, 2026. Racial Discrimination, Medical, Statistics/Trends, Mental Health, Health care.

