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Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’

Loaded on Nov. 30, 2022 by Matthew Clarke published in Prison Legal News December, 2022, page 26
Filed under: PLRA, Dismissal. Location: Arkansas.

by Matt Clarke

On January 12, 2022, the U.S. Court of Appeals for the Eighth Circuit said a lower court erred in declaring that a federal prisoner’s dismissed lawsuit counted as the first of three “strikes” allowed under 28 U.S.C. § 1915(g). Why? Because only the judge who …

 

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More from this issue:

  1. ‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm, by Matthew Clarke
  2. Settlement Extended Again After Federal Judge Faults California Prisons for Using Snitches in Solitary and Parole Procedures, by Jacob Barrett
  3. From the Editor, by Paul Wright
  4. Oregon Supreme Court Holds Corizon Health and Other Jail Contractors Liable Under State Disability Rights Laws, by Mark Wilson
  5. Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody, by David Reutter
  6. Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process, by Douglas Ankney
  7. Cages in the Coalfields, by Judah Schept
  8. Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, by David Reutter
  9. Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process, by Mark Wilson
  10. Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, by Matthew Clarke
  11. North Carolina Prisoners Languish Without Air Conditioning, by Kevin Bliss
  12. Ninth Circuit Tells Nevada DOC: ‘Wait and See’ Prisoner Medical Care Can’t Become ‘Deny and Delay’, by David Reutter
  13. $2.57 Million Settlement for Hogtying Death in NC Police Custody, by Eike Blohm, MD
  14. Class Certified in ‘Orange Crush’ Shakedown Lawsuit by Illinois Prisoners, by David Reutter
  15. Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached, by Ashleigh Dye
  16. Pennsylvania County Retakes Control of Jail From GEO Group, by Keith Sanders
  17. Prisoners Awarded Damages for Denial of Public Records by Ohio Prison Officials, by David Reutter
  18. Tenth Circuit Revives Suit Against Colorado Jail Guard in Death of Mentally Disabled Detainee, by David Reutter
  19. California Pays $3.5 Million to Settle Suit Over State Prisoner’s Murder, by Ashleigh Dye
  20. LGBTQ Adults and Youth Face Criminalization and Over-Incarceration, by Jacob Barrett
  21. Former South Carolina Deputy Gets 18 Years for Driving Transport Van With Two Detainees Into Flood, Drowning Them, by Ashleigh Dye
  22. Excess Prisoner-Made Hand Sanitizer Costing N.Y. Taxpayers Millions to Dispose Of, by David Reutter
  23. $54,000 Award for Georgia Prisoner in Failure-To-Protect Lawsuit, by David Reutter
  24. After Sixth Circuit Stops Attempted End-Run Around Rules, Former Kentucky Jail Detainee Settles Suit Against Southern Health Partners, by Kevin Bliss
  25. CDCR’s Medication Assisted Treatment Program for Substance Abusers is a Resounding Success, by Matthew Clarke
  26. Former Deputy Warden Gets Two Years for Assaulting Mississippi Prisoner, by Kevin Bliss
  27. New Policy Banning Care Packages Makes Life Harder for N.Y. Prisoners, by Jayson Hawkins
  28. South Carolina Death Row Doctor Breaks Silence About Years of Executions, by Ashleigh Dye
  29. New York City Jails Admit Illegally Recording Over 2,200 Attorney-Client Phone Calls, by Anthony Accurso
  30. Texas Commission on Jail Standards Finds Unacceptable Conditions in Nueces County Jail, by Benjamin Tschirhart
  31. Disgraced Virginia Sheriff Gets 12 Years for Bribery and Corruption, by Ashleigh Dye
  32. Texas Prisoner Killed After Wounding Guard in Escape and Killing Family While on the Run, by Matthew Clarke
  33. Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol, by David Reutter
  34. Idaho Lowers Cloak of Darkness Over Execution Protocols, by Douglas Ankney
  35. ‘Good Time’ Credit Policy Wrongly Under Attack in Alabama, by Jo Ellen Nott
  36. ACH Settles After Federal Jury Awards $8.5 Million in Suit Over Missouri Detainee’s Death, by Benjamin Tschirhart
  37. Nevada Supreme Court: DOC Owes Parolee Credit for Any Days Over 60 Awaiting Revocation in Prison, by Matthew Clarke
  38. Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’, by David Reutter
  39. $3.7 Million in Attorney Fees Paid to Settle COVID-19 Class-Action at Orange County Jail, by Jacob Barrett
  40. Federal Jury Awards $30,501 to Indiana Prisoner in Retaliation Lawsuit, by David Reutter
  41. Federal Government Pays $300,000 for Endangering Diabetic Prisoner With ‘Dramatically’ Subpar Care, by Benjamin Tschirhart
  42. Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime, by Jacob Barrett
  43. COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’, by David Reutter
  44. Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies, by David Reutter
  45. Third Guilty Plea Entered in Massive Aryan Brotherhood Drug Conspiracy in California Prisons, by Jo Ellen Nott
  46. Settlement Reached in COVID-19 Class Action Against DC Jail, by Kevin Bliss, Jayson Hawkins
  47. News in Brief

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