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New York District Court Erred in Applying “Three Strike” Rule to Dismissals

Loaded on Jan. 8, 2020 by Kevin Bliss published in Prison Legal News January, 2020, page 16
Filed under: Three Strikes. Location: New York.

by Kevin Bliss

The Second Circuit Court of Appeals held on September 12, 2019 that William Escalera, Jr. was not barred from proceeding in forma pauperis and filing a complaint after a New York district court found he had three strikes under the Prison Litigation Reform Act (PLRA), ...

 

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More from this issue:

  1. News in Brief
  2. Ohio Supreme Court Orders Prison Official to Produce Public Records, by Matthew Clarke
  3. Preliminary Injunction Sought Over Contaminated Drinking Water at Connecticut Prison, by Edward Lyon
  4. Former Seventh Circuit Judge Posner Founds Short-Lived Project to Help Pro Se Litigants, by Kevin Bliss
  5. Undiagnosed MRSA Forced Arizona Prisoner to Have Heart Surgery, by Chad Marks
  6. California Family Mourns Son Who Committed Suicide in Jail, Receives $1.65 Million Settlement, by Edward Lyon
  7. Wisconsin Pays Another $5 Million for Abuse at Controversial Juvenile Facility, by Kevin Bliss
  8. Oklahoma Breaks Pattern of Protracted, Expensive Prison Conditions Litigation, by Edward Lyon
  9. Jury Awards Oregon Prisoner $350,000 After Guard Announces He Was a “PC” Case, by Dale Chappell
  10. Deaf Oregon Prisoner Awarded $125,000 for Jail’s Failure to Accommodate Disability, by Mark Wilson
  11. Denver Settles Female Deputies’ Sexual Harassment Lawsuit for $1.55 Million, by Matthew Clarke
  12. First-Class Mail Insufficient for Mailing Date to be Filing Date in Oregon, by Mark Wilson
  13. New Georgia Law Provides Protections for Pregnant Prisoners, by David M. Reutter
  14. Prisoner Co-payments for Health Care Services Eliminated in California, by Chad Marks
  15. Deaths at Georgia Jail Spur Investigations, Lawsuit, by Edward Lyon
  16. Oklahomans Pay for Release of Woman Whose Case Helped Start Marijuana Reform Movement, by Matthew Clarke
  17. Criminal Justice Reformers Apologize for Not Vetting Conference Speaker, by David M. Reutter
  18. Missouri County Votes to Eliminate Jail Fees, Wiping Out $3.4 Million in Debt for Former Prisoners, by Douglas Ankney
  19. California Jail Prisoner’s Broken Leg Nets $550,000 Settlement, by Matthew Clarke
  20. First Major Loss in Recent Challenges to Hep C Treatment for Prisoners, by David M. Reutter
  21. Securus Technologies Rebrands as Aventiv, by Kevin Bliss
  22. Rikers Prisoner Smuggles DNA Evidence of Rape Out of Jail; $500,000 Settlement, by Dale Chappell
  23. New York Court of Claims Orders DOCCS to Turn Over OSI Report, Guards’ Personnel Files, by Dale Chappell
  24. Rhode Island’s Civil Death Law Bars Prisoners from Filing Lawsuits in State Court, by Dale Chappell
  25. New York Closes Two More Prisons, Scaring Corrections Workers, by Kevin Bliss
  26. Government Wants Federal Prisoner’s $250,000 Settlement to Pay Restitution, by Dale Chappell
  27. Billionaire and Co-Defendant Agree to Donate $1 Million to Stay Out of Jail, by Kevin Bliss
  28. Missing Property and Overtime Abuse in Illinois Prisons Cost Taxpayers Millions, by Dale Chappell
  29. Oregon Prisoner’s Preventable Death Reveals Culture of Systemic Indifference, by Mark Wilson
  30. Lawsuit Filed by Prisoner with Food Allergy is Dismissed, by David M. Reutter
  31. San Diego County Jails Still No. 1 in Prisoner Deaths, by Douglas Ankney
  32. Felony Murder Charges Should Not be Used on Juveniles, by Kevin Bliss
  33. Genesco CEO Denied Term on CoreCivic’s Board of Directors, but Board Refuses His Resignation, by Scott Grammer
  34. Prisoners, Guards, Students Protest Aramark, by Douglas Ankney
  35. Pennsylvania Prisoner Given Belt, Then Punished for Having It, by David M. Reutter
  36. Fifth Circuit Reverses Denial of Qualified Immunity to Prison Officials, by Edward Lyon
  37. New Mexico: Third-Party Settlement Agreements Resulting from Medical Care Provided by Corizon are Public Documents Subject to Disclosure, by Douglas Ankney
  38. California AB Prison Gang Members, Others Indicted by Feds
  39. HRDC Obtains Settlement, $16,000 in Fees and Costs, Against BOP in FOIA Case, by Scott Grammer
  40. How a 13th Amendment Loophole Created America’s Carceral State, by Flores A. Forbes
  41. Texas Convict-Leasing Burial Ground Uncovered, by Matthew Clarke
  42. Tennessee Prisoner Captured After Killing Prison Employee, Escaping, by David M. Reutter
  43. Florida Women’s Prison Under Scrutiny After Rape by Guard, by David M. Reutter
  44. California’s Firefighting Prisoners in Short Supply, by Matthew Clarke
  45. Arizona Court Equates Prison Gang Dropouts with Confidential Informants to Require Redaction of STG Files, by Dale Chappell
  46. Oregon Passes Historic Juvenile Justice Reform Bill but Refuses to Apply it Retroactively, by Mark Wilson
  47. South Carolina Prison Industries Employee Fired for Writing Tell-All Book, by Scott Grammer
  48. Are Re-Enfranchised Florida Felons More Likely to Vote Republican?, by David M. Reutter
  49. Virginia Circuit Court Awards $197.55 to Prisoner in Property Tort Claim, by Douglas Ankney
  50. Lawsuit Alleging Denial of Warmth and Sufficient Sleep States Eighth Amendment Claim, by David M. Reutter
  51. New York District Court Erred in Applying “Three Strike” Rule to Dismissals, by Kevin Bliss
  52. PLN Prevails in Censorship Suit Against Virginia Jail, by David M. Reutter
  53. Death Penalty Prosecution in Colorado Costs State Over $1.6 Million, Ends in Life Sentence, by Matthew Clarke
  54. Private Prison in Pennsylvania Takes Heat; Prison Board Replaced, Superintendent Retires, by David M. Reutter
  55. In Oklahoma, Lawsuit Options Limited When Prisoners Claim Constitutional Rights Violations, by Quinton Chandler
  56. From the Editor, by Paul Wright
  57. $525,000 Settlement in Minnesota Jail Excessive Force Incident, by Jayson Hawkins
  58. California Prison Rehabilitation Programs Costly and Ineffective, by Kevin Bliss
  59. The Other Family Separation: Prisoners Fight to Keep Their Children, by Victoria Law

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