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Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application
by David M. Reutter
The Seventh Circuit Court of Appeals held that when a prisoner deliberately misrepresents their financial status when seeking in forma pauperis (IFP)status, the Prison Litigation Reform Act (PLRA) requires dismissal. In another case in the same opinion, the court held a lawsuit was improperly dismissed without ...
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More from this issue:
- Mississippi Supreme Court Applies Pro Se Leniency in Reversing Dismissal of Prisoner’s Lawsuit Challenging Prison Disciplinary Action, by Matthew Clarke
- Nominal Representation Without Actual Representation: One Person, No Vote, by Edward Lyon
- Louisiana Bars Problem Doctors from Practicing Medicine in Most Hospitals. So They Treat Incarcerated People Instead., by Addy Baird
- California Female Prisoners Used as Honey Trap Bait for Rapist Guard, by Edward Lyon
- From the Editor, by Paul Wright
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, by Derek Gilna
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, by Derek Gilna
- Modest Decline in Prison and Jail Populations in Spring 2021, by Matthew Clarke
- FCC Takes Further Action on Prison and Jail Phone Rates, by Chuck Sharman
- Seventh Circuit: PLRA Mandates Dismissal for Deceit on IFP Application, by David Reutter
- Federal BOP Overwhelmingly Denies Compassionate Releases During COVID, by Daniel A. Rosen
- HRDC Sues Florida DOC Over Censorship, for the Third Time in 18 Years, by Chuck Sharman
- Fourth Circuit: No Privacy Expectation Exists for Prisoner in Diagnosis and Treatment of HIV, by David Reutter
- Pandemic Medical Update: The Delta Surge, by Michael D. Cohen, MD
- These Meds Prevent Overdoses. Few Federal Prisoners Are Getting Them, by Beth Schwartzapfel
- Massachusetts Cop Indicted for Lying About Checking Cell of Prisoner Who Died of Drug Overdose
- New Clemency Rules Expected to Expedite Civil Rights Restoration in Florida, by Kevin Bliss
- Florida Files Environmental Lawsuit Against Phosphate Company Pollution, by Panagioti Tsolkas
- HRDC Sues Illinois DOC Under FOIA, Again, for GTL Contract Details, by Chuck Sharman
- The Fight Over Cellphones in Prisons Rages On, by Derek Gilna
- Lawsuit Over Alabama Private Mega-Prison Leases Dismissed, by Daniel A. Rosen
- San Diego Jail Approves Free Phone and Video Calls
- Eighth Circuit Holds Lack of “Clearly Established” Law Requiring Staffer to Notify of Prisoner’s Suicide Risk Prevented Damages, by Dale Chappell
- EPA Slams GEO Over Disinfectant Use at Private Prison, Federal Court Issues Preliminary Injunction to Stop It, by Dale Chappell
- $10 Million Settlement in Taser Death of Mentally Ill Man in South Carolina Jail, by David Reutter
- $750,000 Settlement in South Dakota Pretrial Detainee’s Overdose Death, by David Reutter
- Criminal Justice System Encourages Racism According to MIT Study, by Kevin Bliss
- US Marshalls Terminate Contract with GEO Snitch Camp at Queens NY Detention Facility, by Douglas Ankney
- California Begins Transfer of Prisoners to Facilities Consistent with Prisoners’ Gender Identity, by Douglas Ankney
- Florida’s Brutal Prison System Will Continue to Subsidize Rural Economies, With No Meaningful Reform in Sight, by David Reutter
- US DOJ Finds California Alameda County Jail in Violation of Constitution and ADA, by Matthew Clarke
- Ohio Guard Added to Sex Offender List and Sent to Prison for Sex with Detainee
- Report Shows COVID-19 Reduced Life Expectancy for Prisoners in Florida, Same Likely for Other States, by David Reutter
- $350,000 Settlement for New Mexico Pretrial Detainee in ‘Failure to Protect’ Claim, by David Reutter
- The Killing Fields: Three Alabama State Prisoners Murdered in Five Days, by Edward Lyon
- New Mexico Jail Sued For Allowing Woman Prisoner to Die of Infections, by Keith Sanders
- Beating Death in Oahu Jail Ends With Acquittal of Mentally Ill Killer, by Kevin Dayton
- $2.1 Million Awarded in Beating Ordered by Kentucky Jail Guard
- Ninth Circuit Reverses Summary Judgment in Lawsuit For CoreCivic Causing BOP Detainee’s Prolonged Detention Without Court Appearance or Attorney, by Matthew Clarke
- Fifth Circuit Affirms Dismissal of Federal Prisoner’s Bivens Action Challenging Due Process in 280-Day SHU Stay and Alleging Retaliation, by Matthew Clarke
- Lawsuit Filed Over Rodent Infestation at New Mexico Prison, by David Reutter
- District Court Extends Armstrong Order to Five Additional California Prisons, by Douglas Ankney, Derek Gilna
- Illinois Prison Guard Charged for Assaulting a Prisoner
- Decapitated Prisoner Shows CDCR Safety Standards Still Headed in the Wrong Direction, by Matthew Clarke
- The U.S. Department of Justice Creates Risk Assessment Tool to Help Determine Who is Eligible for Early Release Under First Step Act
- California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery, by Matthew Clarke
- Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
- Two Albuquerque Jailers Indicted for Killing Prisoner, by Matthew Clarke
- Attorney Fees Awarded Against CoreCivic After Defamation Suit Dismissed, by David Reutter
- Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth, by Dale Chappell
- Prisoner’s Suicide in Sherburne County Minnesota Jail Results in $2.3 Million Settlement, by Keith Sanders
- $30,001 Jury Verdict Over Discriminatory ICE Notification Policy By Minnesota Jail, by Kevin Bliss
- Massachusetts Supreme Judicial Court Rules on Medical Parole Despite Death of Prisoners Who Sought Judicial Review, by Matthew Clarke
- News in Brief
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- Washington DOC On Hot Seat Over “Unexpected Fatalities,” Missed Autopsies, May 1, 2025. Criminal justice system reform, Systemic Medical Neglect, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, False Statements/Perjury.
- Florida Prisoner Returns to Custody After Overturned Conviction Reinstated, May 1, 2025. False Statements/Perjury, Resentencing, Witnesses - Prior Statements/Testimony, Effect of Vacatur, Brady/Giglio/Jencks Act Issues.
- Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million, Dec. 15, 2024. Settlements, Wrongful Conviction, False Statements/Perjury, Evidence - Destruction/Fabrication/Manipulation of.
- Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, Dec. 1, 2024. Appointment of Counsel, Indigent Defense, Indigent Defendants - Fees and Expenses.
- False Confessions and Wrongful Convictions: Known Causes and Steps to Eliminate Them, Dec. 1, 2024. DNA Testing/Samples, Wrongful Conviction, False Statements/Perjury, False Exculpatory Statements.
- Alabama Prisoner Disciplined for Lying When Guard Cleared of Sexual Assault Allegation, Oct. 15, 2024. Staff-Prisoner Assault, False Statements/Perjury, Disciplinary Proceedings.
- Ohio Pays $725,000 to Survivors of Two Prisoners Beaten to Death by Lying Guards, Oct. 15, 2024. Guard Brutality/Beatings, Settlements, Excessive Force (Wrongful Death), False Statements/Perjury.
- California Bar Accuses L.A. Lawyer of Deceiving Prisoners Seeking Resentencing, Oct. 15, 2024. Attorney Misconduct, Malpractice (Attorneys), False Statements/Perjury.
- CDCR Slammed for Reclassifying Staff Misconduct Allegations as Routine Grievances, Oct. 15, 2024. Guard Misconduct, Employee Litigation, False Statements, Testimony or Documents, False Statements/Perjury.
- Chicago Jailers Publicly Call Detainee Death a Medical Emergency, Privately Admit Guard Brutality, Sept. 15, 2024. Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury.