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Fifth Circuit Holds PLRA’s ‘Three-Strikes’ Provision Does Not Apply to Actions Removed From State Court
by Matt Clarke
On June 9, 2022, the U.S. Court of Appeals for the Fifth Circuit held that prisoners claiming indigent status in a federal civil rights suit are not barred by the ‘three strikes’ provision of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, if the prisoner ...
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More from this issue:
- Cages Without Bars Are Widening the Net: The Explosion of Electronic Monitoring, by Brian Dolinar, James Kilgore
- Amended Consent Decree Entered in 11-Year-Old Class-Action Challenging Prisoner Healthcare in Illinois DOC, by Douglas Ankney
- From the Editor, by Paul Wright
- Hawaii Inmate Deaths Are The Highest In 10 Years. But The State Can’t Say Why Corrections officials still aren’t providing a cause of death for 20 of the 23 prisoners who died in Hawaii prisons and jails last year., by Kevin Dayton
- Arizona Prisoners Win Preliminary Injunctions Requiring Centurion To Treat Them, by David Reutter
- Minnesota Department of Corrections Searching for Tattooist for New Prison Program, by Jacob Barrett
- Florida Arrests Ex-Felons for Voter Fraud, by David Reutter
- Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period, by Matthew Clarke
- Plastic Surgery Has a Troubled History Inside Prisons. Some Advocates Want It to Make a Comeback. Should cosmetic procedures be part of how society prepares prisoners to reenter it?, by Zara Stone
- Louisville Jail Counts 12 Deaths in Ten Months, by Jo Ellen Nott
- Third Circuit Agrees With Pennsylvania Prisoner’s Access-to-Courts Claim, But Grants Defendants Qualified Immunity, by David Reutter
- Rhode Island Prisoners Go on Hunger Strike, Staff Denies It, by Benjamin Tschirhart
- California City Ends Private Jail Operator’s Contract After Mass Employee Resignations, by Keith Sanders
- $3 Million From Forsyth County, No Stay in Civil Case Against Wellpath Nurse Indicted for Involuntary Manslaughter of N.C. Jail Detainee, by Eike Blohm, MD
- Eighth Circuit Revives Missouri Prisoner’s Claim Against Prison Food Manager for Denying Renal Diet, by David Reutter
- Nevada Muslim Prisoner Wins Suit Over Denial of Jumu’ah Prayer, by Harold Hempstead
- Guards Fleeing Texas Prisons, by Matthew Clarke
- California Prison Guards Sentenced for Assaulting Prisoners, by Jacob Barrett
- ‘Qualified Immunity Cannot Shield Them’: Fourth Circuit Advances Suit by Virginia Prisoners for Overlong Solitary Confinement, by Benjamin Tschirhart
- Ohio Supreme Court Grants Records but No Damages for Prisoner Making Request, by Jacob Barrett
- Eleventh Circuit Says Passover Sign-Up Requirement in Florida Jail Passes Constitutional Muster, by David Reutter
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, by Dale Chappell
- California Guards Kill Two Prisoners Who Attacked a Third, by Jo Ellen Nott
- Second Circuit: No Qualified Immunity for Wardens Accused of Violating Religious Freedom of Muslim Prisoners in Connecticut, by Benjamin Tschirhart
- Idaho Cancels Execution Because It Cannot Obtain Lethal Injection Drugs, by Jo Ellen Nott
- Prisoner Health Update: MRSA Infections, by Eike Blohm, MD
- Arizona Jail Racks Up Four Deaths And Two Escapes In Less Than Two Months, by Chuck Sharman
- Fifth Circuit Holds PLRA’s ‘Three-Strikes’ Provision Does Not Apply to Actions Removed From State Court, by Matthew Clarke
- BOP Settles for $4.18 Million With Six Prisoners Raped by Guard at Now-Shuttered Manhattan Federal Jail, by Casey Bastian
- Incarceration Exacerbates Obesity in America, by Keith Sanders
- Ohio Pays $185,000 to State Prisoner Bitten in Genitals by K-9, by Keith Sanders
- Former Felons Elected to Rhode Island Legislature, by Jo Ellen Nott
- Investor Lawsuit Against GEO Group Trimmed, by David Reutter
- Federal Judge in South Carolina Holds BOP Liable for Delayed Treatment That Left Federal Prisoner Partially Blinded, by Casey Bastian
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- $450,000 Settlement to Illinois Prisoner Whose Untreated Boil Left Him Paraplegic, by Harold Hempstead
- $3.5 Million Paid To Estate Of Iowa Jail Detainee Who Suffered Seizure And Died When Left Unattended, by Keith Sanders
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- Daughter of Condemned Missouri Prisoner Unsuccessfully Sues to Witness His Execution, by Jo Ellen Nott
- Former South Carolina Sheriff Begins 46-Month Prison Term for Corruption, by Ashleigh Dye
- ‘Tragic and Wholly Unacceptable’ Gang Violence Erupts at Georgia Women’s Prison, by Jenifer Lockwood
- Virginia Swipes Sentence Credits From 560 Prisoners Just About to Get Out, by David Reutter
- Georgia Prisoner Sentenced to Death for Killing Two Guards Dies by Apparent Suicide, by Keith Sanders
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- Ex-Prisoner Re-Elected to New York State Assembly, by Keith Sanders
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- Over $237,000 Awarded in Wisconsin Prisoner’s Suit Accusing Guard of Unwanted Sexual Advances, by Kevin Bliss
- Potentially Fatal Legionella Bacteria Found at Six Illinois Prisons, by Casey Bastian
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- ‘Time for Me to Go’: Troubled Oklahoma Jail Loses Administrator, by Matthew Clarke
- Mississippi Demands $1.9 Million From MTC For Short-Staffing Private State Prison, by Kevin Bliss
- Oklahoma Raises Pay for Execution Doctors From $300 to $15,000 Per Execution, Still Won’t Say Who They Are or What They Do, by Matthew Clarke
- Mississippi Reopens Walnut Grove Prison Just in Time for Prison Population Explosion, by Harold Hempstead
- HRDC Sues Wyoming Jail for Unlawful Censorship, by Douglas Ankney
- $115,000 Settlement for Excessive Pepper-Spraying of Maine Prisoner, by David Reutter
- Florida Supreme Court: Trial Courts Have Authority to Correct Sentencing Errors, But Subject to Time Limits, by David Reutter
- Massive Price Tags and Meager Results: The Legacy of Federal Monitors in New York City, by Benjamin Tschirhart
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- News in Brief
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024
More from these topics:
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, Feb. 1, 2024. In Forma Pauperis, Three Strike Litigants, Pending Appeals.
- $20,000 Paid to Florida Prisoner After Eleventh Circuit Finds PLRA Inapplicable to Claims DOC Removed to Federal Court, Dec. 1, 2023. Settlements, Prison Litigation Reform Act (PLRA).
- Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”, Dec. 1, 2023. Complaints, Dismissal, Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA, Nov. 15, 2023. Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- Eleventh Circuit Says Florida Prisoner Who Dismissed Complaint Cannot Be Assessed a “Strike” Under PLRA, Nov. 15, 2023. Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, Feb. 1, 2023. Combination of Factors/Totality of Circumstances, Prison Litigation Reform Act (PLRA), Imminent Danger Exception.
- Seventh Circuit Holds Dismissal of Lawsuit Removed to Federal Court Cannot Count as PLRA “Strike”, Jan. 1, 2022. Dismissal, Prison Litigation Reform Act (PLRA).
- Eleventh Circuit Grants Prisoner with Hep C Exception to PLRA Three Strikes Rule, Oct. 1, 2021. Hepatitis, Prison Litigation Reform Act (PLRA), Three Strike Litigants.