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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
- “Missing” Texas Prisoner Prompts Lockdown, by David Reutter
- Vermont Supreme Court Provides Prisoner No Relief for Denial of Earned-Time Credits
- North Carolina Supreme Court Affirms Class Certification Denial in Prisoners’ Challenge to Solitary Confinement
- Less is More Act Cuts Parole Population by 40% in New York
- 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
- New York Adding Names to Tombstones of Dead Prisoners
- Watchdog Report Attempts to Prove Epstein Suicide
- 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
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- 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:
- California Court of Appeal: In SB 483, Legislature Intended to Prohibit Prosecution Withdrawing Plea Agreement for Any Sentence Reduction in § 1172.75 Resentencing Hearing, Even Reductions Based on Code Provisions Not Enacted by SB 483—Deepening Split in, Sept. 1, 2024
- BOP is Holding 12,000 Prisoners in Solitary Confinement, Aug. 15, 2024
- Florida Court Strikes $10 Million of $16 Million Judgment Against Armor Correctional Health in Jail Death, Aug. 15, 2024
- Settlements Total $3.85 Million for Nevada Prisoners Hit with Birdshot, Aug. 15, 2024
- $11 Million Settlement for Exonerated Michigan Prisoner, Aug. 15, 2024
- Condemned Alabama Prisoner Challenges Execution by Nitrogen Hypoxia, Aug. 15, 2024
- Bar Complaint Revives 10-Year-Old Question: Why No Charges Filed Against Florida Guards Who Killed Prisoner?, Aug. 15, 2024
- Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad, Aug. 1, 2024
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, Aug. 1, 2024
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024
More from these topics:
- 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.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.
- “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.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, Feb. 1, 2024. In Forma Pauperis, Three Strike Litigants, Pending Appeals.