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Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”

Loaded on Feb. 1, 2024 by Douglas Ankney published in Prison Legal News February, 2024, page 38
Filed under: In Forma Pauperis, Three Strike Litigants, Pending Appeals. Location: Texas.

by Douglas Ankney

On July 10, 2023, the U.S. Court of Appeals for the Fifth Circuit dismissed Texas prisoner Anthony Prescott’s appeal, once again explaining the requirement of 28 U.S.C. § 1915(g) that applications to waive filing fees and proceed in forma pauperis (IFP) must be denied where a prisoner plaintiff ...

 

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  1. Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, by David Reutter
  2. From the Editor, by Paul Wright
  3. Virginia Settles Suit Over Prisoner’s Death from Untreated Hepatitis C for $700,000, by David Reutter
  4. Eleventh Circuit Refuses to Reimpose Death Sentence for Intellectually Disabled Alabama Prisoner
  5. Deaths and Lawsuits Mount at “Disgusting” Atlanta Jail
  6. Three L.A. Jail Gang Leaders Murdered
  7. Nine Guilty So Far in Sprawling California Aryan Brotherhood Case
  8. $3 Million Settlement for Illinois Pretrial Detainee’s Opioid Withdrawal Death, by David Reutter
  9. First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, by Douglas Ankney
  10. BOP Evacuates Federal Prison in Florida After Possible Carbon Monoxide Poisoning
  11. $2.9 Million Paid by Maryland to Exonerated Former Prisoner
  12. Censoring Women’s Health, by Kwaneta Harris
  13. Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab, by David Reutter
  14. South Carolina Pays $200,000 to Jail Detainees Exposed to Toxic Fumes, by Douglas Ankney
  15. In Suit Over Connecticut Prisoner’s Death, Attorney General Will No Longer Represent Guard Convicted of Assault
  16. Ninth Circuit Revives Challenge by Federal Prisoner in Arizona to BOP’s 300-Minute Monthly Phone Cap, by David Reutter
  17. No Data to Prove Whether $600-Million California Parole Effort Worked
  18. Maine Prison Official Charged with Theft and Bribery in Decade-Long Kickback Scheme
  19. Inmate Records Released from Closed Washington Psychiatric Lockup
  20. Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It, by Matthew Clarke
  21. First Prisoners Released Two Years After Illinois Passed Law to Revisit Excessive Sentences
  22. Writing on the Prison Wall: How Prisons Suppress Prison Journalism
  23. Resistance to Bail Reform Powered By Untruthful Scaremongering, by David Reutter
  24. Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, by David Reutter
  25. Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby
  26. Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, by Mark Wilson
  27. Rikers Island Guard Accidentally Records Himself Planting Shiv in Prisoner’s Cell
  28. Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, by Douglas Ankney
  29. Record Temperatures in Southern Prisons Called Cruel and Unusual Punishment
  30. Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, by Douglas Ankney
  31. Restorative Justice Program Boosts South Carolina Prison and Public Safety, by David Reutter
  32. Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional, by David Reutter
  33. Lawsuit Claims Kentucky Prison Officials Ignored Chaplain’s Sexual Abuse
  34. Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face, by Matthew Clarke
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  38. Virginia Sheriff Indicted for Selling Auxiliary Deputy Sheriff Credentials, by Matthew Clarke
  39. Seventh Circuit Reinstates Claim of Illinois Prisoner Held 18 Months After Release for Refusing to Sign Incomplete Form, by Matthew Clarke
  40. Oklahoma Prisoner’s Conviction Tossed After Judge’s Affair With Prosecutor Uncovered, by Douglas Ankney
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  42. San Diego County Jail Accused of Letting Mentally Ill Detainee Starve to Death, by Matthew Clarke
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  48. Texas Looks to Find Prison Guards in High Schools
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  50. Champion of Death Row Prisoners Accused of Spoiling Oklahoman’s Clemency
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