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Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’
Loaded on Feb. 1, 2023
by Benjamin Tschirhart
published in Prison Legal News
February, 2023, page 44
by Benjamin Tschirhart
By the time he filed a pro se complaint against the federal Bureau of Prisons (BOP) in U.S. District Court for the District of West Virginia in May 2020, prisoner Marc Pierre Hall was a “frequent litigant in the federal courts,” as the U.S. Court of Appeals ...
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More from this issue:
- Convictions at Any Cost: DOJ Report Slams Three Decades of Snitches and Due Process Violations in California’s Orange County, by Benjamin Tschirhart
- New BOP Director Clears Up First Step Act Implementation, by Benjamin Tschirhart
- From the Editor, by Paul Wright
- Incarcerated People Have Few Ways to Fight Back Against Censorship in Prisons, by Tamar Sarai
- Burning Tires Left Louisiana Prisoners With Migraines, Breathing Problems, and Minimal Medical Care As black smoke poured out of a burning tire dump in Louisiana, people inside the prison next door struggled to keep the fumes out., by Alleen Brown
- Ninth Circuit Says Statements Relayed at Criminal Trial By Nurse and Doctor Are Admissible, Not Hearsay, by David Reutter
- $959,000 Paid by Pennsylvania County in Deaths of Two Detainees, Plus at Least $750,000 from PrimeCare, by Ashleigh Dye
- Fourth Circuit Reinstates Virginia Prisoner’s Spoliation Motion for Lost Video of His Alleged Assault by Guards, by David Reutter
- Federal Judge in Pennsylvania Rules BOP Must Honor Transgender Prisoner’s Legal Name Change, by Casey Bastian
- Tenth Circuit Says Prison Work Assignment Covered Under ADA Protections, by Kevin Bliss
- Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies, by David Reutter
- Investigation Reveals “Black Market in Broad Daylight” for Prison Food, by Benjamin Tschirhart
- Record Deaths at Rikers Island Blamed on Guards’ Absenteeism, Abuse and Corruption, by David Reutter, Anthony Accurso
- $20,000 Paid by Centurion and MHM Health Professionals to Arizona Prisoner for Alleged Deliberate Indifference and Medical Negligence, by Jacob Barrett
- Third Circuit Strips Qualified Immunity From Delaware Guards Who Held Mentally Ill Prisoner in Solitary for Seven Months, by David Reutter
- Too Many Alabama Prisoners Still Dying with Too-Few Guards, Many Corrupt, by Jo Ellen Nott
- Former Tennessee Police Chief Sentenced to Six Years for Abusing Arrestees, by Kevin Bliss
- Ninth Circuit Revives Failure-to-Protect Claim of Arizona Prisoner Beaten by Gang, by David Reutter
- Florida Jailers Leave Detainees Out of Evacuation Plans During Hurricane, by David Reutter
- Arizona DOC Accused of Cheating Both Guards and Prisoners Out of Hourly Wages, by Keith Sanders
- Ninth Circuit Says California Felons Can Fight Fires While Imprisoned, But Not After, by Benjamin Tschirhart
- Fourth Circuit Says Prisoners with Gender Dysphoria not Excluded from ADA Protection, by Harold Hempstead
- Former Texas Prisoner Wins 12-Year Fight for Justice, by Kevin Bliss
- Student Loan Debt and Prisoners, by Edward Lyon
- Arizona Resumes Executions, by Chuck Sharman, Eike Blohm, MD
- New Report Estimates U.S. Prisons Hold Nearly 50,000 People in Solitary Confinement, by Jennifer Taylor
- After Federal Judge Censors Lawyer’s Tweets About CoreCivic, Company Settles Suit Over Tennessee Prisoner’s Murder by Cellmate, by Harold Hempstead
- Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, by Benjamin Tschirhart
- Virginia Supreme Court Upholds Derivative Sovereign Immunity for Jail Physician, by Matthew Clarke
- Fifth Circuit: No Qualified Immunity for Mississippi Sheriffs in Suit Over Mentally Ill Man’s Years-long Unlawful Detention, by Matthew Clarke
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, by David Reutter
- PLN Contributor’s Retaliation Suit Against Oregon Prison Officials Survives, by Jacob Barrett
- Georgia Jails Faulted in Struggle With High COVID-19 Infection Rates, by Kevin Bliss
- Seventh Circuit Trims What Indiana Prisoner Owes Jail Doctor in Lost Lawsuit, by David Reutter
- Under New Mississippi Law, State Chooses Execution Method, by David Reutter
- Prisoner Health Update: Hepatitis C, by Eike Blohm, MD
- Florida Makes Parolees Criminally Liable for Accidental Voter Registration Fraud, by David Reutter
- Award Slashed for Delaware Prisoner Sexually Groped by Guard, by Kevin Bliss
- Oklahoma Jail Guard Gets 46 Months for Setting Up White Supremacist Attack on Black Detainees, by David Reutter
- Federal Judge Refuses to Shorten Corruption Sentence for Former Head of New York City Jail Guards’ Union, by Matthew Clarke
- DOJ Releases Special Report on U.S. Prison COVID-19 Response, by Eike Blohm, MD
- Former Judges in Pennsylvania ‘Kids for Cash’ Scandal Must Pay $206 Million in Damages, by Ashleigh Dye
- $60,000 Paid by Pennsylvania County to Jail Detainee Savagely Beaten by Cellmate While Guards Allegedly Ignored Cries for Help, by Benjamin Tschirhart
- $300,000 Paid by Colorado to Prisoner Sexually Harassed by Guard with Foot Fetish, by Harold Hempstead
- $98,000 Paid by BOP to Immigrant Detainees Racially Profiled as Terrorists in New York City Lockup, by Kevin Bliss
- $480,000 Paid by California County to Detainee Whose Newborn Died After Guards Stopped at Starbucks en Route to Hospital, by Ashleigh Dye
- Former BOP Warden Convicted of Sexually Abusing Prisoners in California ‘Rape Club’ Scandal, by Kevin Bliss
- Fifth Circuit Denies Qualified Immunity to Mississippi Cops Who Let Injured Hemophiliac Bleed Out in Jail, by Matthew Clarke
- News in Brief
More from Benjamin Tschirhart:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, Dec. 15, 2023
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, Nov. 15, 2023
- Condemned Arizona Prisoner Reprieved, Nov. 15, 2023
- Sheep and Sheepdogs: Use and Abuse of Non-Lethal Crowd Control Weapons, Nov. 1, 2023
- New York Jailhouse Lawyer Wins Resentencing, Release, Oct. 15, 2023
- Closed Circuit Cameras: Not the Objective Lenses We’re Told, Oct. 1, 2023
- Former Illinois Guards Sentenced for Prisoner’s Fatal Beating, Aug. 15, 2023
- Police Departments Conspire with Boards to Secretly Install License Plate Cameras Without Consent of Residents, Aug. 1, 2023
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, July 15, 2023
More from these topics:
- 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).
- 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).
- “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.
- 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).
- $20,000 Paid to Florida Prisoner After Eleventh Circuit Finds PLRA Inapplicable to Claims DOC Removed to Federal Court, Dec. 1, 2023. Settlements, Prison Litigation Reform Act (PLRA).
- Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”, Dec. 1, 2023. Complaints, Dismissal, Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA, Nov. 15, 2023. Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA, Nov. 15, 2023. Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- Fifth Circuit Holds PLRA’s ‘Three-Strikes’ Provision Does Not Apply to Actions Removed From State Court, Jan. 1, 2023. Prison Litigation Reform Act (PLRA), Three Strike Litigants.