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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 …
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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
- Environmental Protection Agency Finally Recognizes Prisons in Screening Tool, by Panagioti Tsolkas
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- Vermont Supreme Court Invalidates Sex Offender Probation Conditions
- Correctional Health Report Suppressed by Bush Administration Finally Released
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- Florida Lawmaker Visits Prisons, Audits Private Prison Contracts, by David Reutter
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- Misdemeanor Trespassing Arrest Leads to Permanent Impairment, by Christopher Zoukis
- Tattoo Recognition: Law Enforcement’s Newest Identification Tool, by David Reutter
- Former Mississippi DOC Commissioner, Co-defendants Sentenced in Massive Bribery Scheme
- From the Editor, by Paul Wright
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
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- First Circuit Revives Federal Prisoner’s Claim Against Rhode Island Lockup, April 1, 2026. Denial of Religious Services, Religious Practices, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Sovereign/Municipal, Authority and Jurisdiction.
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- County Jail in Oklahoma Accused of Coercing Detainees to Convert to Christianity, Feb. 1, 2026. Jail Misconduct, Religious Practices, First Amendment, rights, Religious Freedom/Worship.
- Class Certified in Challenge to Mailed Book Ban at Indianapolis Jail, Jan. 1, 2026. Class Certification, Publications/Books, Religious Practices, Protected Speech.
- SCOTUS Hears Oral Arguments on Rastafarian Hair-Cutting Case, Jan. 1, 2026. RLUIPA, Religious Practices, Damages - Compensatory, Wrongful Use of Force, Religious Land Use and Institutionalized Persons Act (RLUIPA).
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