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3 Strikes And You’re Out - Usually
3 Strikes And You're Out -- Usually
In 2004, Anthony Williams, a Pennsylvania state prisoner, sued a number of guards in a federal district court. He claimed, among other things, that they weren't treating his terminal disease. Williams had three prior suits dismissed as frivolous, and he didn't pay the filing fee for this action. The district court dismissed the case under 28 U.S.C. 1915(g), which prohibits prisoners with three strikes (three cases dismissed as frivolous) from filing federal lawsuits without paying the filing fee, unless they are in imminent danger.
On appeal, the U.S. Court of Appeals for the Third Circuit found that Williams' allegation that his terminal disease wasn't being treated sufficiently alleged imminent danger for him to proceed without paying the filing fee. The Third Circuit then reversed and remanded the case. See: Williams v. Lt. Forte, 135 Fed.Appx. 520 (3rd Cir. 2005).
In 2004, Anthony Williams, a Pennsylvania state prisoner, sued a number of guards in a federal district court. He claimed, among other things, that they weren't treating his terminal disease. Williams had three prior suits dismissed as frivolous, and he didn't pay the filing fee for this action. The district court dismissed the case under 28 U.S.C. 1915(g), which prohibits prisoners with three strikes (three cases dismissed as frivolous) from filing federal lawsuits without paying the filing fee, unless they are in imminent danger.
On appeal, the U.S. Court of Appeals for the Third Circuit found that Williams' allegation that his terminal disease wasn't being treated sufficiently alleged imminent danger for him to proceed without paying the filing fee. The Third Circuit then reversed and remanded the case. See: Williams v. Lt. Forte, 135 Fed.Appx. 520 (3rd Cir. 2005).
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Related legal case
Williams v. Lt. Forte
| Year | 2005 |
|---|---|
| Cite | 135 Fed.Appx. 520 (3rd Cir. 2005) |
| Level | Court of Appeals |
| Injunction Status | N/A |