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Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes by David Reutter On December 31, 2024, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner “need not file repeated grievances if the (prisoner) has identified one continuing harm or a single course of conduct [of] …
Pittsburgh Lockup Accounts for 43% of Pennsylvania Jail TASER Use, Suit Filed by According to an investigative report published on January 30, 2025, guards at Pittsburgh’s Allegheny County Jail (ACJ) accounted for nearly half of all use of taser weapons on detainees and prisoners in Pennsylvania. That revelation followed a …
Article • April 1, 2025 • from PLN April, 2025
Sixth Circuit: Dismissals of Mixed-Claim Complaints Not Strikes Under PLRA by Since the 1996 passage of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, federal courts have struggled to interpret and apply its various provisions. That struggle continues today with a recent ruling by the United States Court of …
Article • October 15, 2024 • from PLN October, 2024
Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute by Before a prisoner can sue under 42 U.S.C. § 1983, he must exhaust any administrative remedies available to him; that is the threshold requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e. Not infrequently, …
Article • September 15, 2024 • from PLN September, 2024
Fifth Circuit Calls Denial of Texas Prisoner’s In Forma Pauperis Request “Arbitrary or Erroneous” by When Texas prisoner Larry Donnell Gibbs filed suit in federal court in 2021 against officials with the state Department of Criminal Justice (TDCJ), he paid the filing fee and did not ask to proceed in …
Article • September 15, 2024 • from PLN September, 2024
Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes by David Reutter On March 14, 2024, the U.S. Court of Appeals for the Second Circuit held that a district court erred in dismissing a New York prisoner’s civil rights action for violating the “three strikes” provision of the Prison …
Article • August 15, 2024 • from PLN August, 2024
Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held on November 15, 2023, that a lower court erred in assuming that a group of Virginia prisoners proceeded in forma pauperis (IFP) when they …
Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial by On January 31, 2024, the U.S. Court of Appeals for the Fifth Circuit held that a Texas prisoner’s uncorroborated declaration outlining steps he took to exhaust administrative remedies through the state Department of Criminal Justice …
“Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit by Matthew Clarke by Matt Clarke On January 12, 2024, the federal court for the Western District of Texas refused a motion by Williamson County Correctional Facility (WCCF) …
Article • May 1, 2024 • from PLN May, 2024
Seventh Circuit Lets Illinois Prisoner Proceed In Forma Pauperis, Despite Trust Account Balance Exceeding Filing Fee by Douglas Ankney by Douglas Ankney On October 10, 2023, the U.S. Court of Appeals for the Seventh Circuit issued an opinion offering guidance to judges deciding whether to grant a prisoner’s motions to …
Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day by In a remarkable series of rulings on August 15, 2023, U.S. District Court Judge Robert L. Miller, Jr. granted summary judgment in favor of 22 Indiana state prisoners who had filed separate lawsuits …
At BOP California “Rape Club” Prison: Historic Ruling, FBI Raid, Warden Removed by On March 11, 2024, FBI agents raided the Federal Correctional Institution (FCI) in Dublin, California, the troubled federal Bureau of Prisons (BOP) lockup plagued by staff sexual assaults on prisoners—so many that it has become known as …
Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit by David Reutter by David M. Reutter On August 24, 2023, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s orders granting California prisoners a pair of 12-month extensions to a Settlement Agreement …
Article • February 1, 2024 • from PLN February, 2024
Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes” by Douglas Ankney 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 …
Article • December 1, 2023 • from PLN December, 2023
$20,000 Paid to Florida Prisoner After Eleventh Circuit Finds PLRA Inapplicable to Claims DOC Removed to Federal Court by David Reutter by David M. Reutter On May 17, 2023, the U.S. Court of Appeals for the Eleventh Circuit held that the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997 e, …
Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike” by David Reutter 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 …
Article • November 15, 2023 • from PLN November, 2023
Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA by Matthew Clarke by Matthew Clarke The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, raises several barriers for prisoner litigants, not least being a “three strikes” provision that prevents indigent prisoners from having …
Article • November 15, 2023 • from PLN November, 2023
Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA by Douglas Ankney 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 …
Publication • June 12, 2023
UCLA School of Law-How Prisoners' Rights Lawyers Do Vital Work Despite the Courts, 2023 UCLA School of Law Public Law & Legal Theory Research Paper No. 23-07 HOW PRISONERS' RIGHTS LAWYERS DO VITAL WORK DESPITE THE COURTS BY SHARON DOLOVICH PROFESSOR OF LAW Electronic copy available at: https://ssrn.com/abstract=4476714 \\jciprod01\productn\U\UST\19-2\UST210.txt unknown …
Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’ by Benjamin Tschirhart 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 …
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