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Article • January 1, 2022 • from PLN January, 2022
Fifth Circuit Dismisses Appeal by Mississippi Prisoner It Calls “Vexatious Litigant” by On August 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held that a Mississippi prisoner who had filed at least a dozen federal lawsuits pro se since 2004 and admitted using them “against his custodians …
Article • December 10, 2019 • from PLN December, 2019
PLRA Does Not Prevent In Forma Pauperis Appeal of Case that Resulted in Third Strike by Matthew Clarke by Matt Clarke On July 18, 2019, the Fourth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not prohibit a prisoner from being granted in forma pauperis …
Article • December 9, 2019 • from PLN December, 2019
Seventh Circuit Reverses Two PLRA Dismissals for Failure to Comply with Court Forms by Edward Lyon by Ed Lyon On August 13, 2019, the Seventh Circuit Court of Appeals, in a consolidated ruling, vacated the dismissals of two lawsuits based on the Prison Litigation Reform Act (PLRA). The PLRA contains …
Article • October 13, 2019
Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Sixth Circuit has defined the term “serious physical injury” in the text of 28 U.S.C. § 1915(g). Michael Gresham is a state prisoner serving a …
Article • September 28, 2019
Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes by Douglas Ankney by Douglas Ankney  The U.S. Court of Appeals for the Sixth Circuit has defined the term “serious physical injury” in the text of 28 U.S.C. § 1915(g). Michael Gresham is a state prisoner serving a …
Article • December 19, 2017
District Court Held IFP Not Available on Appeal of Third Strike by David Reutter by David Reutter The Third Circuit Court of Appeal denied an indigent prisoner's motion to proceed forma pauperis (IFP) on appeal from dismissal of a third frivolous civil complaint. The court held that the denial was …
Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA by David Reutter by David Reutter The Eleventh Circuit held last year that a district court erred in finding the dismissals of a prisoner’s prior civil rights actions due to “lack of jurisdiction” and for “want of prosecution” …
Article • April 3, 2017 • from PLN April, 2017
Federal Dismissals Not In Forma Pauperis Strikes in Arkansas by On May 5, 2016, the Arkansas Supreme Court reversed the revocation of a prisoner’s in forma pauperis status, finding that dismissed federal court actions could not be counted as strikes under state law. Arkansas Code Annotated (ACA) § 16-68-607 prohibits …
Article • March 10, 2017 • from PLN March, 2017
Federal Strikes Do Not Count as Strikes for Georgia PLRA by A Georgia Court of Appeals held in March 2016 that strikes for dismissed frivolous federal lawsuits do not count as strikes under Georgia’s Prison Litigation Reform Act (PLRA). Since his imprisonment in 2010, Georgia state prisoner Willie Wright, Jr. …
Merits Ruling on Procedurally Flawed Grievance Satisfies PLRA by The Eleventh Circuit Court of Appeals has held that district courts may not enforce a prison’s procedural rule to find a failure to exhaust administrative remedies after prison officials declined to enforce the rule themselves. The Court also found the district …
Publication • September 1, 2016
Civil Rights Plaintiffs Can Defeat Qualified Immunity Defenses and Get Frivolous Appeal Sanctions, Rosen, 1999.pdf CIVIL RIGHTS PLAINTIFFS CAN DEFEAT QUALIFIED IMMUNITY DEFENSES AND GET FRIVOLOUS APPEAL SANCTIONS: THEY SHOULD TRY MORE OFTEN!  Sanford Jay Rosen April 1999 INTRODUCTION This article is about recent United States Supreme Court and …
Article • August 5, 2016
PLRA Requires each Prisoner Plaintiff to Pay Full Filing Fee by The Seventh Circuit Court of Appeals affirmed a Wisconsin District Court’s order that held each prisoner proceeding in forma pauperis (IFP) must pay the full $150 filing fee. This action was filed by four prisoners at Wisconsin’s top-security prison, …
Michigan PLRA Requires Dismissal for Failure to Make Initial disclosure Statements; Prisons not a Public Service by A Michigan Court of Appeals held the state’s Prison Litigation Reform Act (PLRA) requires dismissal of a lawsuit when a prisoner-plaintiff fails to “disclose the number of civil actions and appeals that the …
Article • November 18, 2015
California Prisoner Barred From Proceeding in Forma Pauperis by California Prisoner Barred From Proceeding in Forma Pauperis The United States Court of Appeals for the Eastern District of California dismissed, on December 26, 2013, plaintiff Eric Charles Rodney Knapp’s appeal of the district court’s grant of summary judgment in favor …
Brief • November 10, 2015
Betances et al v. Fischer et al, 2nd Cir, Memo Support of Stay Motion, habeus appeal frivolousness, 2015 Case 15-2836, Document 26-2, 11/10/2015, 1639089, Page1 of 25 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT PAUL BETANCES, et al., Plaintiffs-Appellees, No. 15-2836 -againstBRIAN FISCHER, et al., Defendants-Appellants. MEMORANDUM OF …
Article • November 6, 2015
Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matthew Clarke Prisoner's Suit Dismissed After Court Finds "Three Strikes" Litigant Not in Imminent Danger by Matt Clarke In December 2009, Jeremy Pinson, a federal prisoner serving a 22-year sentence for threatening to kill the president, …
Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal by Lonnie Burton Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal by Lonnie Burton On January 7, 2015, the Ninth Circuit Court of Appeals held that a pro se prisoner litigant who …
An Expanding Strike Zone (Coleman-Bey PLRA Report), Alliance for Justice, 2015 An Expanding Strike Zone: Coleman-Bey and the Future of Civil Protections for Prison Inmates For years, Alliance for Justice has warned of the conservative-led campaign to restrict access to justice.1 From forced arbitration, to restricting medical malpractice claims, to …
How Prisoners' Rights Lawyers are Preserving the Role of the Courts Margo Schlanger 2014 How Prisoners’ Rights Lawyers Are Preserving the Role of the Courts by Margo Schlanger DRAFT: August 11, 2014 This article canvasses prisoners’ lawyers strategies prompted by the 1996 Prison Litigation Reform Act. The strategies not only …
Trends in Prison Litigation and the PLRA Margo Schlanger U.C. Irvine L. Rev. 2014 Schlanger, Trends in Prisoner Litigation, DRAFT October 2, 2014, page 1 of 23 Trends in Prisoner Litigation, as the PLRA Enters Adulthood by Margo Schlanger* Forthcoming, U.C. IRVINE L. REV. (2015) The Prison Litigation Reform Act …
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