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Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA
Loaded on Oct. 10, 2017
by David Reutter
published in Prison Legal News
October, 2017, page 55
Filed under:
Frivolous Litigation (PLRA),
Law Library Access/Adequacy,
Religious Practices.
Location:
Georgia.
by David Reutter
The Eleventh Circuit held last year that a district court erred in finding the dismissals of a prisoner’s prior civil rights actions due to “lack of jurisdiction” and for “want of prosecution” counted as strikes under the Prison Litigation Reform Act (PLRA). The Court of Appeals further …
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More from this issue:
- No-show Cops and Dysfunctional Courts Keep Cook County Jail Prisoners Waiting Years for a Trial, by Spencer Woodman
- Eighth Circuit Vacates Supervised Release Order Barring Wife from Contact with Husband, by Derek Gilna
- Victim-centered Sexual Abuse Investigations Abandon Concept of Neutrality, by David Reutter
- Study Shows “Ban-the-Box” Policies May Result in Racial Bias by Employers, by David Reutter
- Eleventh Circuit: Florida Prisoners Must be Provided Kosher Meals, by David Reutter
- Prisoner Labor Focus of Controversy in Texas, Alabama, by David Reutter
- Louisiana Parish Jails Lack HIV Treatment and Services
- Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception
- Seventh Circuit Dissent: “A Dog Would Have Deserved Better Treatment”, by Derek Gilna
- Prisoner Showed Good Cause for Extension of Time
- Seventh Circuit Reinstates Prisoner’s Lawsuit, Rejects District Court’s IFP Concerns, by Derek Gilna
- Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA, by David Reutter
- Two Federal Courts Find Prison Gerrymandering Unconstitutional, by David Reutter
- South Carolina Prisoners’ Wage Grievances Not Subject to 15-day Deadline
- IRS Audit Prompts New Mexico County to Convert Bonds Used for ICE Facility, by Joe Watson
- Georgia Teen’s Suicide from Neglect Results in $1.7 Million Settlement
- Profiting Off Mass Incarceration: Detroit Pistons Owner Buys Private Prison Phone Company, by Brian Dolinar
- Private Probation Company Agrees to End Drug Testing Absent Court Order , by David Reutter
- Corizon Loses Indiana DOC Medical Contract Amid Lawsuits, by David Reutter
- Family Files Wrongful Death Suit Against County Jail in New York, by Derek Gilna
- Seattle Council Approves Protections for Renters with Criminal Records, by Nathalie Graham
- Louisiana Corrections Secretary: More Private Prisons Won’t Save Money
- Court Decision Favoring BOP Whistleblower Critical of BOP and OIG , by Derek Gilna
- State Closes Kentucky Jail for Failure to Properly Maintain Facility, by Derek Gilna
- Fourth Circuit Reverses Dismissal of Prisoner’s Failure to Protect Claim, by Christopher Zoukis
- Seventh Circuit Upholds Jury Award for Illinois Prisoner Beaten by Guards , by Derek Gilna
- Eighth Circuit Greenlights Jail Detainee’s Excessive Force Claim, but Loss at Trial Affirmed on Appeal, by Christopher Zoukis
- $60,000 Settlement in GEO Group Employee’s Sexual Harassment Case
- $200,000 Settlement for Restraint of Pregnant Prisoner after Ninth Circuit Vacates Summary Judgment
- Virginia Governor Grants Full Pardons to the “Norfolk Four”, by Christopher Zoukis
- Prisons, Jails Combat Smuggling by Shredding Mail, Requiring Fresh Underwear, by Christopher Zoukis
- Waging War on the Poor: Unpaid Fines Lead to Jail, by Christopher Zoukis
- TV Production Company has Friends in Low Places, by Christopher Zoukis
- Parole Remains Elusive for Virginia Prisoners, by David Reutter
- Compensation for Wrongful Convictions in Massachusetts Not Easily Obtained, by Christopher Zoukis
- HRDC Lawsuit: Kentucky DOC Guilty of Censorship, Violations of Due Process and Equal Protection
- DOJ Audit Rips Privately-operated Federal Facility; Trump Administration Presses Forward, by Derek Gilna
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- From the Editor, by Paul Wright
- News in Brief
More from David Reutter:
- The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence, Oct. 15, 2025
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
More from these topics:
- Muslim Prisoners Face Price-Gouging, April 1, 2025. Religious Discrimination, Seizure of Prisoner Funds, Religious Practices, Religious Property.
- Lawsuits by Michigan Prisoner Yield $57,750 in Settlements, Plus Policy Changes, Jan. 15, 2025. Settlements, Denial of Religious Services, Religious Practices.
- Fourth Circuit Revives Virginia Prisoner’s Challenge to DOC Policy Restricting His Religious Headwear, Aug. 15, 2023. Religious Grooming, Religious Practices.
- Third Circuit Reinstates Claim by Federal Prisoner in Pennsylvania that Guards Prevented Daily Muslim Prayers, Aug. 15, 2023. State Law Claims, Religious Practices.
- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, April 15, 2023. Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error.
- Fourth Circuit: Religious Headwear Policy Violated Virginia Prisoner’s Rights, April 1, 2023. Religious Grooming, Religious Practices.
- Seventh Circuit Revives Indiana Prisoner’s Claim He Was Wrongfully Fired From Prison Commissary for Attending Religious Service, March 1, 2023. Religious Discrimination, Commissary, Religious Practices.
- Seventh Circuit Sides With Muslim Prisoner, Bars Strip Search by Transgender Wisconsin Guard, March 1, 2023. Strip Searches, Religious Practices, Discrimination (Transgender).
- Fourth Circuit Says Virginia May Require Muslim Prisoner to Purchase Prayer Oil From Vendor Also Selling Pork and “Idols”, Sept. 1, 2022. Food/Commissary (Private Prisons), Religious Freedom Restoration Act, Religious Practices.
- U.S. Supreme Court Grants Texas Prisoner Religious Touch and Audible Prayer During Execution, Sept. 1, 2022. Death Penalty/Death Row, Religious Practices.