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Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”
Loaded on Dec. 1, 2023
by David Reutter
published in Prison Legal News
December, 2023, page 47
Filed under:
Complaints,
Dismissal,
Prison Litigation Reform Act (PLRA),
Three Strike Litigants.
Location:
Florida.
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 court losses jurisdiction over it. So it therefore has no authority to find the action ...
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More from this issue:
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, by Mark Wilson
- From the Editor, by Paul Wright
- Illinois Program a “Lifeline for Incarcerated Moms and Their Kids”
- Civil Commitment: A Shadowy Limbo of Detainment that is Neither Safe, Fair nor Therapeutic
- California Court of Appeal Reinstates Lawsuit by San Quentin Prisoner Over Botched Transfer That Sparked COVID-19 Outbreak, by Matthew Clarke
- Wexford Handbook Warns That Illinois Prisoners “Can Be Very Manipulative”
- The Surreal Prison Censorship Regime, by Dylan Jeffrey
- “Missing” Texas Prisoner Prompts Lockdown, by David Reutter
- Vermont Supreme Court Provides Prisoner No Relief for Denial of Earned-Time Credits
- North Carolina Supreme Court Affirms Class Certification Denial in Prisoners’ Challenge to Solitary Confinement
- Less is More Act Cuts Parole Population by 40% in New York
- Indiana Settles Prisoner’s Retaliation Claim for $4,500
- Ohio Supreme Court Grants Prisoner’s Mother Names of Fellow Prisoners Who Attacked Him, by Douglas Ankney
- $40,000 Paid to Ohio Detainee Kicked in the Face While Restrained
- $26,500 in Settlements in Former California Prisoner’s Retaliation Lawsuits, by David Reutter
- $100,000 Settlement Reached With Corizon Health for Failure to Provide Arizona Prisoner Eye Care
- NaphCare Nurse Faces Liability in Ohio Detainee’s Death from Sickle Cell Disease, by David Reutter
- Nebraska Watchdog Calls Use of Force Against Mentally Ill Prisoner Excessive and Unnecessary
- North Carolina Jail Deaths Double in 6 Years
- Proposed Law Targets Medical Neglect in Federal Prisons
- $20,000 Paid to Florida Prisoner After Eleventh Circuit Finds PLRA Inapplicable to Claims DOC Removed to Federal Court, by David Reutter
- Tennessee Extends CoreCivic Contract Despite Deaths, Almost $18 Million in Fines
- No Compassionate Release for Bank Robber Turned Angel of Mercy at North Carolina BOP Lockup
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, by Matthew Clarke
- Nebraska Supreme Court Affirms Sheriff’s Misconduct Conviction
- New York Adding Names to Tombstones of Dead Prisoners
- Watchdog Report Attempts to Prove Epstein Suicide
- COVID-19 Consent Decree Terminated at Florida’s Broward County Jail, by David Reutter
- After SCOTUS Resolves Circuit Split, Maryland Guard Loses Appeal to Prisoner’s $700,000 Verdict, by David Reutter
- The Economist Calls for More Alternatives to Incarceration
- Fifth Circuit: 12-Hour Delay in Treating Texas Prisoner’s Stroke Wasn’t Deliberate Indifference, by David Reutter
- Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance, by David Reutter
- New York State Struggles to Hold Prison Guards Accountable for Abuse
- Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”, by David Reutter
- Condemned Louisiana Prisoners Lose Bid for Clemency Hearings
- Report Details “Abuse-to-Prison Pipeline” for Young Women
- DeSantis Axes Florida Criminal Justice Reform
- Last Maine Parolee Released
- After Winning $15,000 Settlement, California Trans Prisoner Forces CDCR to Replace Missing Trust Account Deposits, by Douglas Ankney
- “Fuck Him, He Can Freeze”: Pennsylvania Detainee’s Death Detailed in Suit Against PrimeCare
- Compensation Awarded to California Non-Profit and HRDC Officials for Efforts Reducing Prison Phone Rates
- Eleventh Circuit Revives Claim Against NaphCare for Wrongful Death of Atlanta Jail Detainee, by Douglas Ankney
- U.S. Prison and Jail Population On the Rise
- Class Certified in Suit Alleging Overuse of Solitary Confinement in New York Prisons, by Matthew Clarke
- Wrongfully Imprisoned for 26 Years, Chicago Brothers Sue Cop Who Framed Them
- New Jersey Prisoner’s Suit Survives Seeking to Validate the Nation of Gods and Earth as a Religion, by David Reutter
- Wife of “El Chapo” Released from U.S. Prison, Son Extradited
- 37 Mississippi Prison Gang Members, Accomplices Convicted in Massive Conspiracy
- News in Brief
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- 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).
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- 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.
- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, Jan. 1, 2024. Skin, Failure to Treat, Infections, Qualified Immunity, Medical Expenses/Treatment, Dismissal, Deliberate Indifference.
- $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).
- Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance, Dec. 1, 2023. Grievances, Dismissal.
- 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.