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Prior Dismissals Count as Strikes

Article • May 15, 1998 • from PLN May, 1998

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)

Prior Dismissals Count as Strikes by The court of appeals for the third and ninth circuits joined the fifth, seventh and tenth circuits in holding that 28 U.S.C. § 1915(g) applies to cases dismissed before the PLRA's April 26, 1996, enactment. Section 1915(g) prohibits prisoners from proceeding with in forma …

Bad Faith Appeals

Article • May 15, 1998 • from PLN May, 1998

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Appeals

Bad Faith Appeals by The court of appeals for the District of Columbia circuit held that 28 U.S.C. § 1915(a)(3) precludes prisoners from appealing without full prepayment of the filing fees if the district court certifies that the appeal is not taken in good faith. The issue was one of …

Mandamus Appeal Denied as Third Strike

Article • January 15, 1998 • from PLN January, 1998

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Mandamus

Mandamus Appeal Denied as Third Strike by The court of appeals for the tenth circuit held that 28 U.S.C. § 1915(g), which bans in forma pauperis civil actions for prisoners that have had three or more actions dismissed as frivolous, malicious or for failing to state a claim, prevents the …

Dismissal of Paid Suit Counts as a "Strike"

Article • January 15, 1998 • from PLN January, 1998

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)

Dismissal of Paid Suit Counts as a "Strike" by The court of appeals for the seventh circuit held that the dismissal of a lawsuit in which the filing fee had been paid counts as a "strike" under 28 U.S.C. § 1915(g). Section (g) of the In Forma Pauperis statute requires …

3rd Cir. Applies 'Imminent Danger' Exception to PLRA 3 Strikes

Article • November 15, 1997 • from PLN November, 1997

Filed under: Crime/Demographics, Informants, Failure to Protect (General), Filing Fees (PLRA), Frivolous Litigation (PLRA)

3rd Cir. Applies 'Imminent Danger' Exception to PLRA 3 Strikes by The court of appeals for the third circuit held that a district court erred when it dismissed a prisoner's In Forma Pauperis (IFP) suit because three prior suits had been dismissed, when the instant suit claimed the plaintiff was …

Fifth Circuit Applies Three Strikes Provision

Article • August 15, 1997 • from PLN August, 1997

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Habeas Corpus

Fifth Circuit Applies Three Strikes Provision by The court of appeals for the fifth circuit held that 28 U.S.C. § 1915(g), which does not allow IFP status to prisoners who have had three or more suits dismissed as frivolous or for failing to state a claim, is constitutional. The court …

PLRA Not Enough for Fourth Circuit

Article • June 15, 1997 • from PLN June, 1997

Filed under: Frivolous Litigation (PLRA), Civil Procedure, Injunctions, Sanctions

PLRA Not Enough for Fourth Circuit by One of the PLRA's stated purposes was to cut down on "frivolous" prisoner litigation by requiring full payment of filing fees and imposing a "three strikes" limitation on prisoners who have had more than three suits dismissed for being frivolous or not stating …

Reversal of Frivolous Dismissal Voids PLRA Strike

Article • April 15, 1997 • from PLN April, 1997

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Frivolous Litigation, Appeals, Filing Fees

Reversal of Frivolous Dismissal Voids PLRA Strike by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) applies retroactively to appeals pending on its date of enactment as well as cases dismissed prior to its enactment. The court also held that dismissals based …

PLRA 'Strike' Removed

Article • March 15, 1997 • from PLN March, 1997

Filed under: PLRA, Frivolous Litigation (PLRA), Frivolous Litigation

PLRA 'Strike' Removed by A federal district court in Maryland issued an order removing a PLRA "strike" against a prisoner litigant. The Prison Litigation Reform Act (PLRA) added section (g) to 28 U.S.C. § 1915. The new section states that whenever a prisoner has had three suits dismissed as frivolous …

PLRA's IFP Provisions Violate Equal Protection

Article • February 15, 1997 • from PLN February, 1997

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Filing Fees

PLRA's IFP Provisions Violate Equal Protection by A federal district court in Iowa held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are retroactive and violate the equal protection clause of the fifth amendment. Section 804(d) of the PLRA created a new subsection to …

Three Strikes Applied

Article • November 15, 1996 • from PLN November, 1996

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA)

Three Strikes Applied by The court of appeals for the seventh circuit discussed the application of the Prison Litigation Reform Act's (PLRA) provision requiring full payment of filing fees after three suits have been dismissed as frivolous, malicious or failing to state a claim upon which relief can be granted. …

Prior Frivolous Suits Count for PLRA

Article • November 15, 1996 • from PLN November, 1996

Filed under: PLRA, Filing Fees (PLRA), Frivolous Litigation (PLRA), Mandamus

Prior Frivolous Suits Count for PLRA by The court of appeals for the tenth circuit held that writs of mandamus fall within the scope of filing fee requirements imposed by the Prison Litigation Reform Act (PLRA), Public Law 104-134, 110 Stat. 1321 (April 26, 1996). The court also held that …

Prison Litigation Reform Act Passed

Article • July 15, 1996 • from PLN July, 1996

Filed under: Victims, Overcrowding, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA), Court Appearances, Civil Procedure, Damages, Preliminary Injunctions/TRO's, Special Masters, Default Judgments, Good Time, Restitution, Federal Legislation

Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …