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Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”
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 applications to waive filing fees and proceed in forma pauperis (IFP) must be denied where a prisoner plaintiff ...
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More from this issue:
- Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, by David Reutter
- From the Editor, by Paul Wright
- Virginia Settles Suit Over Prisoner’s Death from Untreated Hepatitis C for $700,000, by David Reutter
- Eleventh Circuit Refuses to Reimpose Death Sentence for Intellectually Disabled Alabama Prisoner
- Three L.A. Jail Gang Leaders Murdered
- Deaths and Lawsuits Mount at “Disgusting” Atlanta Jail
- Nine Guilty So Far in Sprawling California Aryan Brotherhood Case
- $3 Million Settlement for Illinois Pretrial Detainee’s Opioid Withdrawal Death, by David Reutter
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, by Douglas Ankney
- BOP Evacuates Federal Prison in Florida After Possible Carbon Monoxide Poisoning
- $2.9 Million Paid by Maryland to Exonerated Former Prisoner
- Censoring Women’s Health, by Kwaneta Harris
- Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab, by David Reutter
- In Suit Over Connecticut Prisoner’s Death, Attorney General Will No Longer Represent Guard Convicted of Assault
- South Carolina Pays $200,000 to Jail Detainees Exposed to Toxic Fumes, by Douglas Ankney
- Ninth Circuit Revives Challenge by Federal Prisoner in Arizona to BOP’s 300-Minute Monthly Phone Cap, by David Reutter
- No Data to Prove Whether $600-Million California Parole Effort Worked
- Inmate Records Released from Closed Washington Psychiatric Lockup
- Maine Prison Official Charged with Theft and Bribery in Decade-Long Kickback Scheme
- First Prisoners Released Two Years After Illinois Passed Law to Revisit Excessive Sentences
- Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It, by Matthew Clarke
- Writing on the Prison Wall: How Prisons Suppress Prison Journalism
- Resistance to Bail Reform Powered By Untruthful Scaremongering, by David Reutter
- Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, by David Reutter
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, by Mark Wilson
- Rikers Island Guard Accidentally Records Himself Planting Shiv in Prisoner’s Cell
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, by Douglas Ankney
- Record Temperatures in Southern Prisons Called Cruel and Unusual Punishment
- Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, by Douglas Ankney
- Restorative Justice Program Boosts South Carolina Prison and Public Safety, by David Reutter
- Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional, by David Reutter
- Lawsuit Claims Kentucky Prison Officials Ignored Chaplain’s Sexual Abuse
- Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face, by Matthew Clarke
- BOP Slammed for Prisoner Abuse in Now-Shuttered Segregation Unit at USP-Thomson in Illinois, by Douglas Ankney
- DOJ Concludes BOP Pretrial Detainees Need Improvements in Access to Attorneys, by Matthew Clarke
- Ohio Prisoner Has Now Collected $5,700 for Denied Public Records Requests
- Virginia Sheriff Indicted for Selling Auxiliary Deputy Sheriff Credentials, by Matthew Clarke
- Seventh Circuit Reinstates Claim of Illinois Prisoner Held 18 Months After Release for Refusing to Sign Incomplete Form, by Matthew Clarke
- Oklahoma Prisoner’s Conviction Tossed After Judge’s Affair With Prosecutor Uncovered, by Douglas Ankney
- San Diego County Jail Accused of Letting Mentally Ill Detainee Starve to Death, by Matthew Clarke
- Washington Fined Over $100 Million for Delays in Competency Evaluations and Restoration, by Douglas Ankney
- Seventh Circuit Finds Jail Guard May Be Liable for Delayed Response to Illinois Detainee’s Fatal Heart Attack, by Douglas Ankney
- Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million, by Douglas Ankney
- Subclass Certified and Settlement Proposed to Address ADA Violations at Long-Plagued San Diego County Jails, by Douglas Ankney
- Former Oklahoma Undersheriff Gets 22 Months In Prison for Beating Handcuffed Jail Detainee, by Douglas Ankney
- Third Circuit Revives Claim by Federal Prisoner in Pennsylvania that Delayed Cancer Treatment Cost Him a Testicle, by David Reutter
- Texas Looks to Find Prison Guards in High Schools
- Almost $950,000 Paid by Inmate Services Corp. for Hellish Prisoner Transports, by David Reutter
- Champion of Death Row Prisoners Accused of Spoiling Oklahoman’s Clemency
- Michigan Supreme Court: DOC Owes Attorney Fees in Public Records Case Even if Plaintiff Is Represented Pro Bono, by Matthew Clarke
- News in Brief
- Cash Bail Eliminated in Illinois, Reduced in Los Angeles County
- How “Big Capital” Learned to Love Mass Incarceration
More from Douglas Ankney:
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 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.
- 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.
- Fifth Circuit Holds PLRA’s ‘Three-Strikes’ Provision Does Not Apply to Actions Removed From State Court, Jan. 1, 2023. Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- 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.
- Supreme Court Affirms Lower-Court Dismissal of Colorado Prisoner In Forma Pauperis Actions, Sept. 1, 2020. Filing Fees (PLRA), Three Strike Litigants.
- Sixth Circuit Defines ‘Serious Physical Injury’ for 28 U.S.C. § 1915(g) Purposes, Oct. 12, 2019. Medication, Seizures, Pain, Frivolous Litigation (PLRA), Three Strike Litigants.
- Coleman v. Tollefson, No. 13-1333 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 1759) (May 18, 2015) (Justice Breyer), June 29, 2015. Punch And Jurists, Pending Appeals.
- Collazo v. Pagano, No. 09-4650-pr (2nd Cir.) (656 F.3d 131) (September 2, 2011) (Per Curiam), Dec. 1, 2011. Punch And Jurists, In Forma Pauperis.