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Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA
Loaded on Oct. 1, 2026
by Sagi Schwartzberg
published in Prison Legal News
October, 2026, page 34
Filed under:
Filing Fees (PLRA),
Frivolous Litigation (PLRA),
Complaints,
Abuse of Discretion Standard,
Pro Se Issues.
Location:
Florida.
by Sagi Schwartzberg
On August 21, 2026, the United States Court of Appeals for the Eleventh Circuit held that the district court abused its discretion in dismissing John J. Wilson, Jr.’s pro se complaint without leave to amend because it improperly ignored facts he alleged in his written …
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More from this issue:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, by Douglas Ankney
- From the Editor, by Paul Wright
- $3.75 Million Paid by Wisconsin After Mentally Ill Prisoner Dies of Dehydration, by Chuck Sharman
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, by Matthew Clarke
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, by Chuck Sharman
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, by Jo Ellen Nott
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, by Douglas Ankney
- California Supreme Court Bail Ruling Cuts Some Jail Headcounts, by Chuck Sharman
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, by Matthew Clarke
- Class Action Certified in Lawsuit Alleging Raw Sewage Presence in Washington Jail, by David M. Reutter
- California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, by Sagi Schwartzberg
- $700,000 Paid by West Virginia for Jail Death, Claims Against Wexford Health Pending, by Chuck Sharman
- GEO Group Funnels Millions to Trump PAC Following Windfall ICE Contracts, by Jo Ellen Nott
- BOP Prisoner’s Claim Over Denied Medical Care Ruled Impermissible Bivens Extension, by Chuck Sharman
- CoreCivic’s Non-Binding Promises Leave Minnesota City Exposed, by Jo Ellen Nott
- $5 Million Paid by Washington for Attempted Rape of Seattle Woman by Mentally Ill Prisoner Released to Halfway House, by Chuck Sharman
- $250,000 Paid by Nevada to Former Prisoner Denied Colonoscopy Who Developed Stage IV Cancer, by Chuck Sharman
- Law Restoring Voting Rights to Some People with Felonies Takes Effect in Missouri, by Michael Thompson
- Widespread Abuse Uncovered at Network of Youth Prisons, by Michael Thompson
- Prisoners At Indiana’s “Speedway Slammer” Settle Conditions Suits for $1.2 Million, Whistleblower Alleges Staff Mistreatment, by Chuck Sharman
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, by Matthew Clarke
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, by Chuck Sharman
- Maryland Pays $314,000 for Stonewalling Public Records Requests in Prisoner’s Dehydration Death, by Chuck Sharman
- Prison Policy Initiative Report Finds Prison Policies Ignore Menopause Behind Bars, by Michael Thompson
- Fatal LAPD Arrests Show Systemic Failure in Handling Mental Health Crises, by Jo Ellen Nott
- Colorado Grants, Then Revokes Earned Time Credits, by Michael Thompson
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, by David M. Reutter
- Ninth Circuit Refuses to Stay Injunction in Detainees’ Challenge to Conditions at California ICE Lockup, by Chuck Sharman
- Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, by Sagi Schwartzberg
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, by David M. Reutter
- Prison Policy Initiative Report Finds Significant Health Outcomes from Past Incarceration, by Michael Thompson
- Federal Jury Returns $763,000 Verdict Against Centurion for Indiana Prisoner’s Denied Kidney Disease Treatment, by Chuck Sharman
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, by David M. Reutter
- Nevada Reentry Nonprofit CEO Arrested for Sexual Assault, by Michael Thompson
- Iowa Department of Corrections Settles Lawsuit and Agrees to Implement More Reliable Drug Testing Procedures and Fair Disciplinary Proceeding Policies, by Sagi Schwartzberg
- Leak at Iowa Prison Leads to 15 Exposed to Hazardous Chemicals
- Report Finds State Prison Systems Fail to Provide Adequate Assistance to Obtain Release Documentation, by David M. Reutter
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, by Matthew Clarke
- Disabled Prisoners in New York Aren’t Receiving Entitled Accommodations, by Michael Thompson
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, by David M. Reutter
- Last of Three Oklahoma Jail Death Settlements Totaling $66.5 Million Paid for Fatal Dehydration of “Cookie Queen”, by Chuck Sharman
- Healthcare Still Lacking at Baltimore Jail Decades After Settlement, by Michael Thompson
- South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, by Sagi Schwartzberg
- Kentucky Department of Corrections Restricts Tablet Access, by Michael Thompson
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, by David M. Reutter
- Virginia Report Finds Deaths Increasing as Prison Population Ages, by David M. Reutter
- Wyoming Stops Sending Prisoners to Mississippi After Staffing Improves
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, by Matthew Clarke
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, by Douglas Ankney
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, by Matthew Clarke
- It’s Gotten Harder for Illinois Prisoners to Get Into College Classes
- News in Brief
- With Prisons Full, Idaho DOC Requests $45 Million for Three New Facilities
More from Sagi Schwartzberg:
- California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, Oct. 1, 2026
- Eleventh Circuit Revives Pro Se Litigant’s § 1983 Lawsuit Despite His Three Strike Status Under the PLRA, Oct. 1, 2026
- Iowa Department of Corrections Settles Lawsuit and Agrees to Implement More Reliable Drug Testing Procedures and Fair Disciplinary Proceeding Policies, Oct. 1, 2026
- South Dakota Supreme Court Affirms Prisoner’s Simple Assault on Guard Conviction Despite Four-Second Skip in Surveillance Video Footage, Oct. 1, 2026
- Hawaii Supreme Court Announces State Constitution Requires Law Enforcement to Record All Custodial Interrogations, Overruling Three-Decade-Old Precedent and Recognizing New Due Process Right, March 1, 2026
- Washington Supreme Court Holds Courts Must Meaningfully Consider Youth When Assessing Miranda Waiver and Clarifies That Res Gestae Exception Requires Temporal Proximity to Charged Crime, Feb. 1, 2026
- Flock’s Gunshot Sensors Are Expanding to “Distress” Sounds, Feb. 1, 2026
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026
- Maryland Supreme Court Announces Public Defender Act Requires Effective Assistance of Counsel in Certiorari Petition Where Public Defender Appointed Panel Attorney for Direct Appeal and Certiorari Petition, Dec. 15, 2025
- California Supreme Court Announces Pre-2009 Provocative Act Murder Convictions Are Not Categorically Ineligible for Resentencing Under § 1172.6, Dec. 15, 2025
More from these topics:
- California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, Oct. 1, 2026. Abuse of Discretion Standard, Insufficiency of the Evidence, Statutory Construction/Interpretation, Compassionate Release.
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026. DNA Testing/Samples, Abuse of Discretion Standard, Statutory Construction/Interpretation.
- Florida Supreme Court Announces District Courts of Appeal Have Jurisdiction to Review Denial of Downward Departure Sentence, Holding Sentencing Order Is Final Order Appealable as Matter of Right, Aug. 1, 2026. Constitution, state, Appealable Issues/Orders, Abuse of Discretion Standard, Sentences - Adjustments and Departures, Authority and Jurisdiction.
- Nevada Non-Profit Founder Under Investigation for Misconduct, May 1, 2026. Staff-Prisoner Assault, Staff-Prisoner Harassment, Contractor Misconduct, Complaints, Restrictions, discrimination.
- 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. Procedural Error, Failure to Object, Abuse of Discretion Standard, Jury Selection, Juror Challenges.
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026. Appealable Issues/Orders, Abuse of Discretion Standard, De Novo Resentencing, Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas.
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Expert and Opinion Testimony, Competency Hearing, Denial of Due Process.
- Eighth Circuit Rules Iowa Prisoner’s Adverse Summary Judgment Is Not a “Strike”, March 1, 2026. Filing Fees (PLRA), Frivolous Litigation (PLRA), Summary Judgment, Failure to Treat (Mental Illness), Access To Courts.
- Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evidence Offered to Support Credibility, March 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Motive/Opportunity/Intent/Identity Evidence, Character/Reputation/Propensity, Plain/Harmless Error.

