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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 …
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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
- 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:
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- 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
More from these topics:
- $130,030 Jury Verdict for Connecticut Prisoner Subjected to Inhumane Conditions, July 1, 2026. Retaliation, Conditions of Confinement, Administrative Detention/Segregation, Prison Litigation Reform Act (PLRA).
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- $4,652 for Jewish Nevada Prisoner Denied Passover Meal, Jan. 1, 2026. Religious Discrimination, Food, Settlements, First Amendment, rights, Dismissal.
- Fifth Circuit Upholds Dismissal of Suit by Civilly Committed Texan, Dec. 1, 2025. Sex Offenders (Discrimination), Conditions of Confinement, Complaints, Grievances, Civil Commitment.
- Eighth Circuit: Former Prisoner’s Amended Complaint Filed After Release Not Subject to PLRA Exhaustion Requirement, Dec. 1, 2025. Failure to Treat, Administrative Exhaustion (PLRA), Complaints, Cruel and Unusual Punishment, Deliberate Indifference.
- Third Circuit Revives Pennsylvania Prisoner’s Claims Against the State and Wellpath, Dec. 1, 2025. Failure to Treat, Complaints, Americans with Disabilities Act, Rehabilitation Act, Deliberate Indifference.
- Ninth Circuit Finds No Bivens Extension Needed for Federal Prisoner Prescribed Water and Exercise for Thyroid Storms, Nov. 1, 2025. Systemic Medical Neglect, Administrative Exhaustion (PLRA), Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- California’s Attorney General Is Suing Los Angeles County Jails Over “Inhumane Conditions”, Nov. 1, 2025. Jail Misconduct, Totality of Conditions, Food, Overcrowding, Exposure to Cold, Plumbing, Sewage, Sanitation, Hygiene Supplies, Vermin, Exposure to Heat, Guard Brutality/Beatings, Complaints, Consent Decrees, Failure to Treat (Mental Illness).
- 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).

