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Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA
by Douglas Ankney
On April 13, 2023, the U.S. Court of Appeals for the Fourth Circuit ruled that a district court cannot dismiss a prisoner’s complaint and at the same time declare it a “strike” for purposes of 28 U.S.C. § 1915(g). Under that statute, as amended by the Prison ...
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More from this issue:
- Prison Walls No Barrier to America’s Deadly Opioid Crisis, by Douglas Ankney
- From the Editor, by Paul Wright
- North Carolina Prisoner Recovers $500 for Injuries in Shower Slip and Fall
- DOJ Reaches Consent Decree with New Jersey Jail to Improve Mental Health Care, by David Reutter
- Suit Against Delaware DOC Advances With 39 Prisoner Plaintiffs and 40 Defendants, by David Reutter
- Defining ‘Carceral Deference’, by David Reutter
- Ohio Supreme Court Awards Prisoner $700 From Sheriff Who Failed to Comply with Public Records Request, by Douglas Ankney
- U.S. Probation System a “Quagmire” That Sets Defendants Up to Fail
- $12,000 Paid to California Prisoner Denied Back Surgery Despite Doctor’s Recommendation
- The Gun of Incarceration, by Cristian Farias
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Guard Accused of Provoking One Prisoner to Attack Another, by Douglas Ankney
- Arizona Governor Creates Independent Prison Oversight Commission, by Douglas Ankney
- When Prison Workers Are Exploited for Cheap Sheets
- Almost $2.4 Million in Settlements For Seven Suicides at New Jersey Jail, by David Reutter
- California Bail Bondsman Accused of Faking Captures to Bilk Courts
- Report: “Mass Supervision” Driving Mass Incarceration
- High Profile Escapes from Two Pennsylvania Jails Blamed on Staffing and Infrastructure Problems
- HRDC Wins Motion to Compel North Carolina Prison Officials to Answer for Censorship Policy
- New York Succeeds in Firing Fewer Than 10% of Guards Accused of Prisoner Abuse
- Fifth Circuit Reverses Dismissal of Texas Prisoner’s Failure-to-Protect Claim
- St. Louis City Jails Director Under Fire, County Jail Director Leaves After Nearly $2.7 Million in Legal Payouts, by Benjamin Tschirhart
- Condemned Arizona Prisoner Reprieved, by Benjamin Tschirhart
- Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA, by Douglas Ankney
- Ohio Prisoner’s Suit Claims Exposure to Toxic Chemicals Released in Train Derailment
- After Spate of Deaths, Vermont Contracts Prisoner Healthcare to Wellpath – Again
- Minnesota Makes All Calls Free in Prisons and Jails
- Connecticut Lawmakers Punt on Limiting Prison Strip Searches, by David Reutter
- DNA Matches Dead Australian to Nebraska Prisoner Who Escaped 56 Years Ago
- Two-Week Texas Prison Lockdown Ends With Puny Contraband Haul
- South Carolina DOC Investigates Jail After 30 Detainee Injuries, Two Escapes and Five Guard Arrests
- Deadline Looms for Payouts Under California’s Forced or Involuntary Sterilization Compensation Program
- Tennessee Private Prison Gets State’s First LGBTQ+ Group
- While Federal Prisoners Died of COVID-19 in Massachusetts, BOP Staff Used Up Vaccine Allotment on Themselves
- Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit
- Number Held in Solitary Confinement in U.S. Prisons and Jails Tops 122,000
- Nine Memphis Jailers Indicted in Death of Psychotic Detainee
- Alabama Prison Conditions Continue to Worsen as DOJ Trial Looms
- Washington Kills the Death Penalty – Again
- Seven Deaths in Seven Months at Dayton Jail
- South Carolina Supreme Court Denies Prisoner’s Challenge to DOC Policy Restricting Visitors to People He Knew Before Incarceration, by Douglas Ankney
- Alabama Sheriff Loses Appeal to Theft and Ethics Conviction
- No Hearing Required for Emergency Dose of Antipsychotic Medication for Mississippi Prisoner, by David Reutter
- Women Behind Bars, by the Numbers
- CDCR Facing Daily Fines in 33-Year-Old Suit Over Deficient Mental Health Care
- SCOTUS Lets Ohio Detainee’s Suit Die Over Incarceration for Parodied Police Facebook Page
- Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA, by Matthew Clarke
- $1.05 Million Settlement for Oklahoma Prisoner’s Death from Untreated Appendix Rupture, by David Reutter
- $24 Million for Motorist Detained and Killed by California Highway Patrol
- Fourth Circuit Rebuffs Federal Prisoner’s Attempt to Expand Bivens in North Carolina, by David Reutter
- Imprisoned Putin Critic Claims He’s Subjected to “Re-Education”
- News in Brief
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
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).
- 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.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- 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).
- 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.
- $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.