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Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA
by David M. Reutter
In a ruling on September 27, 2021, the U.S. Court of Appeals for the Third Circuit held that a “mixed dismissal” of a Pennsylvania prisoner’s civil rights action does not count as a strike under the Prison Litigation Reform Act of 1996 that would …
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More from this issue:
- Deaths and Violence Mount at Overcrowded Alabama Prisons While Parole Rate Hits New Low, by Kevin Bliss, Jo Ellen Nott
- Alabama Plan to Relieve Prison Overcrowding: Tap COVID-19 Funds to Build “Mega-Prisons”, by Jo Ellen Nott
- Fourth Circuit Refuses to Reinstate Suit by NC Jail Detainee Alleging Denial of Access to Grievance System and Timely Medical Care Prisoner Didn’t Ask the Court to Extend Kingsley Protections, by Keith Sanders
- From the Editor, by Paul Wright
- Death by Incarceration: Study Reveals High Death Rates Inside NY’s State Prisons, by Keith Sanders
- John Boston, The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act, by Michael Mushlin
- Centurion Health Supplants Corizon in Missouri After Court Ruling, by Keith Sanders
- Extreme Sentences for Women in the U.S.: An Overview, by Ashleigh Dye
- Frozen in Place: How Winter Storms Push Texas Jails and Prisons to the Brink, by Tyler Hicks
- Texas Rangers Often Lackadaisical in Prisoner Death Investigations, by Matthew Clarke
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, by Derek Gilna
- ICE Settles Florida Detention Facility COVID-19 Class Action, All Detainees Offered Vaccination, by Mark Wilson
- Massachusetts Appellate Court Reinstates Prisoner’s Lawsuit Over Food Substitution, by Matthew Clarke
- $14.3 Million in Costs, Attorney Fees and Interest Awarded Against GEO Group in Suits for Not Paying Minimum Wage to Immigrant Detainee Workers in Washington, by Matthew Clarke
- Prison Telecom Giant GTL Agrees to $67 Million Settlement in Class-Action Over Inactive Account Seizure Policy, by Anthony Accurso
- After Two Detainee Deaths, CoreCivic Hit With $2,500 Daily Fine for Chronically Short-Staffed Florida Jail
- Eighth Circuit Denies Qualified Immunity to Private Companies Providing Missouri Prisoner’s Health Care, by Matthew Clarke
- $1.65 Million Settlement Reached in Connecticut Prisoner’s Death from Untreated Lupus, by David Reutter
- CFPB Report: ‘Criminal Justice Financial Ecosystem Exploits Families at Every Stage’: Finds ‘Products and Services Rife with Burdensome Fees and Lack of Choice’, by Chuck Sharman
- $325,000 to Detainee Assaulted at East Texas Jail, 90 Days to Former Deputy Who Beat Him While Restrained in Wheelchair, by Jo Ellen Nott
- No Charges So Far Against Former Arizona Corrections Director After Boozy Standoff with Police, by Jo Ellen Nott
- $1.1 Million Colorado Initiative Set to Assist Prisoners With More Employment Opportunities Upon Release, by Keith Sanders
- With $2.95 Million Settlement, San Diego County Jail Racks Up Over $15 Million in Wrongful Death Payments, by Jacob Barrett
- $1.5 Million Awarded for Failure to Protect Rikers Jail Prisoner Who Was Attacked Repeatedly, by Kevin Bliss
- California Supreme Court Reclassifies Clemency Records, No Longer Confidential, by Keith Sanders
- Private Prison Firm Revenues Soar on “Tailwind” of Immigrant Detainees, by Chuck Sharman
- Vermont Hep-C Settlement Agreement Provides Direct-Acting Antivirals to Infected Prisoners, by David Reutter
- $170,000 Damages and Fees As New Jersey Prisons Settle Transgender Lawsuit With New Policy, by Jayson Hawkins
- Ninth Circuit Overturns California Law Banning Private Prisons, by Kevin Bliss
- Medical Paroles Revoked in California and Massachusetts, by Matthew Clarke
- $170,000 in Attorney’s Fees, Solitary Confinement Reforms Achieved in Settlement of Maine Prisoner’s Lawsuits, by Matthew Clarke
- $325,000 Paid by Colorado County to Jail Detainee Brutalized by Guards Equipped with Controversial Training, by Chuck Sharman
- Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA, by David Reutter
- Federal Court Sanctions Wexford for Discovery Abuse in Illinois Prisoner’s Suit, by Matthew Clarke
- Tenth Circuit Denies Qualified Immunity to Colorado Prison Officials Who Shut Down Native American Religious Activities, by Jayson Hawkins
- Advocating for Objective Standards in a Post-Kingsley World, by Megha Ram
- $199,000 Awarded to California Detainee Assaulted by Santa Clara County Jail Guard, by Matthew Clarke
- $781 Settlement Paid to Oregon Prisoner Over Censorship of ‘Sexually Explicit’ Text Message
- Ninth Circuit: California Jail Prisoners Have No Constitutional Right Per Se to Outdoor Recreation and Direct Sunlight, by Matthew Clarke
- $100,000 Paid by Pennsylvania DOC to Family of Pro Se Prisoner Litigant Who Committed Suicide, by Kevin Bliss
- Settlement Relieves Death Row Isolation in Louisiana: Four Hours Daily Out of Cell, Five Hours Per Week in New Yard, by Jayson Hawkins
- News In Brief
- $1 Million Settlement in Inadequate Nutrition Class-Action Against New York Jail, by David Reutter
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:
- $4,652 for Jewish Nevada Prisoner Denied Passover Meal, Jan. 1, 2026. Religious Discrimination, Food, Settlements, First Amendment, rights, Dismissal.
- Sixth Circuit: Dismissals of Mixed-Claim Complaints Not Strikes Under PLRA, April 1, 2025. Dismissal, Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- Charges Dismissed Against Connecticut Guards Who Assaulted Prisoner, Feb. 15, 2025. Escapes, Guard Brutality/Beatings, Dismissal, Social Media, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025. Overdetention, Search and Seizure, Pending Appeal/Sentencing, Dismissal.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024. Private Contractors, Failure to Treat, Dismissal.
- No Dismissal for San Diego Jail Medical Contractor from Suit Filed Over Detainee’s Withdrawal Death, Aug. 15, 2024. Drug/Alcohol Withdrawal, Private Contractors, Drug Overdose, Medical Neglect/Malpractice, Dismissal.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.

