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Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”
Loaded on Dec. 1, 2023
by David Reutter
published in Prison Legal News
December, 2023, page 47
Filed under:
Complaints,
Dismissal,
Prison Litigation Reform Act (PLRA),
Three Strike Litigants.
Location:
Florida.
by David M. Reutter
On May 11, 2023, the U.S. Court of Appeals for the Eleventh Circuit held that the moment a prisoner files a motion to dismiss his federal civil rights suit, a district court losses jurisdiction over it. So it therefore has no authority to find the action ...
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More from this issue:
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, by Mark Wilson
- From the Editor, by Paul Wright
- Illinois Program a “Lifeline for Incarcerated Moms and Their Kids”
- Civil Commitment: A Shadowy Limbo of Detainment that is Neither Safe, Fair nor Therapeutic
- California Court of Appeal Reinstates Lawsuit by San Quentin Prisoner Over Botched Transfer That Sparked COVID-19 Outbreak, by Matthew Clarke
- Wexford Handbook Warns That Illinois Prisoners “Can Be Very Manipulative”
- The Surreal Prison Censorship Regime, by Dylan Jeffrey
- Vermont Supreme Court Provides Prisoner No Relief for Denial of Earned-Time Credits
- “Missing” Texas Prisoner Prompts Lockdown, by David Reutter
- Less is More Act Cuts Parole Population by 40% in New York
- North Carolina Supreme Court Affirms Class Certification Denial in Prisoners’ Challenge to Solitary Confinement
- Indiana Settles Prisoner’s Retaliation Claim for $4,500
- Ohio Supreme Court Grants Prisoner’s Mother Names of Fellow Prisoners Who Attacked Him, by Douglas Ankney
- $40,000 Paid to Ohio Detainee Kicked in the Face While Restrained
- $26,500 in Settlements in Former California Prisoner’s Retaliation Lawsuits, by David Reutter
- $100,000 Settlement Reached With Corizon Health for Failure to Provide Arizona Prisoner Eye Care
- NaphCare Nurse Faces Liability in Ohio Detainee’s Death from Sickle Cell Disease, by David Reutter
- Nebraska Watchdog Calls Use of Force Against Mentally Ill Prisoner Excessive and Unnecessary
- North Carolina Jail Deaths Double in 6 Years
- Proposed Law Targets Medical Neglect in Federal Prisons
- $20,000 Paid to Florida Prisoner After Eleventh Circuit Finds PLRA Inapplicable to Claims DOC Removed to Federal Court, by David Reutter
- Tennessee Extends CoreCivic Contract Despite Deaths, Almost $18 Million in Fines
- No Compassionate Release for Bank Robber Turned Angel of Mercy at North Carolina BOP Lockup
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, by Matthew Clarke
- Nebraska Supreme Court Affirms Sheriff’s Misconduct Conviction
- Watchdog Report Attempts to Prove Epstein Suicide
- New York Adding Names to Tombstones of Dead Prisoners
- COVID-19 Consent Decree Terminated at Florida’s Broward County Jail, by David Reutter
- After SCOTUS Resolves Circuit Split, Maryland Guard Loses Appeal to Prisoner’s $700,000 Verdict, by David Reutter
- The Economist Calls for More Alternatives to Incarceration
- Fifth Circuit: 12-Hour Delay in Treating Texas Prisoner’s Stroke Wasn’t Deliberate Indifference, by David Reutter
- Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance, by David Reutter
- New York State Struggles to Hold Prison Guards Accountable for Abuse
- Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”, by David Reutter
- Condemned Louisiana Prisoners Lose Bid for Clemency Hearings
- Report Details “Abuse-to-Prison Pipeline” for Young Women
- DeSantis Axes Florida Criminal Justice Reform
- Last Maine Parolee Released
- After Winning $15,000 Settlement, California Trans Prisoner Forces CDCR to Replace Missing Trust Account Deposits, by Douglas Ankney
- “Fuck Him, He Can Freeze”: Pennsylvania Detainee’s Death Detailed in Suit Against PrimeCare
- Compensation Awarded to California Non-Profit and HRDC Officials for Efforts Reducing Prison Phone Rates
- Eleventh Circuit Revives Claim Against NaphCare for Wrongful Death of Atlanta Jail Detainee, by Douglas Ankney
- U.S. Prison and Jail Population On the Rise
- Class Certified in Suit Alleging Overuse of Solitary Confinement in New York Prisons, by Matthew Clarke
- Wrongfully Imprisoned for 26 Years, Chicago Brothers Sue Cop Who Framed Them
- New Jersey Prisoner’s Suit Survives Seeking to Validate the Nation of Gods and Earth as a Religion, by David Reutter
- Wife of “El Chapo” Released from U.S. Prison, Son Extradited
- 37 Mississippi Prison Gang Members, Accomplices Convicted in Massive Conspiracy
- News in Brief
More from David Reutter:
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
More from these topics:
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed, May 1, 2025. Guard Brutality/Beatings, Stun Guns/Tasers, Prison Litigation Reform Act (PLRA).
- 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.
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes, Sept. 15, 2024. Prison Litigation Reform Act (PLRA).

