×
You've used up your 3 free articles for this month. Subscribe today.
5th Cir. Holds IFP Dismissals Are With Prejudice
Loaded on April 15, 1998
published in Prison Legal News
April, 1998, page 20
5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, so the suit cannot be refiled even if the ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Rural Prison as Colonial Master, by Christian Parenti
- French Robertson Prisoner Wins Suit
- Texas Warden Not Victim of Staff Assault, by T.Q.
- In Memory - Reverends Ernest Bromley and Maurice McCrackin, by John Perotti
- Mystery of Guard's Death Unlocked, by B K
- From the Editor, by Dan Pens
- Weights Banned in California, by Willie Wisely
- The Limits of the Law, by Mumia Abu-Jamal
- Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review
- Even Nominal Damages May Justify Attorney Fee Award
- $9,500 Award for Involuntary Psychotropic Drugging Affirmed
- MA and WA Parole Suits Not Cognizable Under § 1983
- Folsom New Year's Riot Over Haircut Policy
- Community Notification Upheld by Three Circuits
- $1.1 Million Award in Sexual Assault
- Failure to Protect Informant Claim Set for Trial
- $225,000 Jury Award in CDC Shooting Affirmed
- BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements
- BJS Reports Prison Litigation Statistics
- PLRA Termination Provisions Constitutional
- Prolonged SHU Confinement May Implicate Liberty Interest But No Damages
- BOP Exceeds Statutory Authority in Denying Sentence Reduction
- News in Brief
- Pretrial Detainees Not Covered by FLSA
- Damage Award and Attorney Fees in Censorship Suit Affirmed
- U.S. Liable for Loss of Prisoner's Property
- 4th Circuit Establishes Detainee Excessive Force Standard
- PA DOC Not 'Victim' for Restitution Purposes
- Heck Applied to Segregation Claims
- No Immunity for Hearing Officer's Failure to Examine CI Credibility
- No Immunity in Jail Suicide for Medical Contractor
- $450,000 Award in Sexual Assault Case Not Excessive
- 5th Cir. Holds IFP Dismissals Are With Prejudice
- No Immunity for Smoke Exposure
- Florida Prisoners Have Property Interest Under DOC Rules
- Refusal to Waive Interest States Claim
- Alaska Computer Printer Ban Questioned
- Conditions in Camden County Jail Unconstitutional
More from these topics:
- Third Circuit Finds Relation-Back Rule Misapplied to Philadelphia Prisoner’s “Crappy” Ordeal Lawsuit, Oct. 15, 2024. Attorney Misconduct, Frivolous Litigation, U.S. Sentencing Guidelines.
- DOJ Sues Utah DOC, Alleging Discrimination Against Transgender Prisoner, Sept. 15, 2024. Frivolous Litigation, Discrimination (Transgender).
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024. State Law Claims, Frivolous Litigation.
- 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).
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, Jan. 1, 2024. MHM Inc., Corizon, Centurion, Misconduct/Corruption, Contractor Misconduct, Government Misconduct, Retaliation, Systemic Medical Neglect, Cancer, Private Contractors, Frivolous Litigation, Disclosure of Records, Declaratory Judgment, Public Records, Medical Neglect/Malpractice, PLN Litigation, Censorship, Articles About PLN, Public Records Act, Freedom of Information Act (FOIA), HRDC Litigation.
- Florida Solitary Confinement Lawsuit Dismissed, Oct. 15, 2023. Frivolous Litigation, Control Units/SHU/Solitary Confinement.
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, July 15, 2023. Failure to Treat, PLRA.
- Eighth Circuit Lets Public Defender Withdraw from BOP Prisoner’s “Frivolous” Appeal, June 1, 2023. Frivolous Litigation, Mental Health, Bureau of Prisons (BOP).