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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.
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More from this issue:
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- 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
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- The Last Gasp: The Rise and Fall of the American Gas Chamber, by Scott Christianson (University of California Press, 2011)., by Julie Etter
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- 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
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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
- Cook County Jail Agrees to Improvements, April 15, 2013
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
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- Six Set Themselves on Fire at Virginia Prison in 2024, Jan. 15, 2025. Retaliation, Protests, Control Units/SHU/Solitary Confinement, Fire to the Prisons Magazine.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- 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).