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Tennessee Court Enjoins Prisoner's Litigation
The court publishes its order re filing fees, finds the case frivolous, declares the plaintiff subject to the three strikes rule, and then imposes a requirement that she seek leave of court to file any future actions The court says that 1915(g) has lowered the threshold for imposing such restrictions.
Under Sandin, only deprivations that impinge on the duration of confinement can possibly qualify as liberty interests. (Wrong.) The plaintiff's loss of sentence credits is not actionable under Sandin, apparently because something might happen between this incident and the release date, and because there is no constitutional right to earn sentence credits or to be paroled. (Wronger.) But if the loss of sentence credits did have an effect on duration of confinement, the claim would be barred by Balisok.
Balisok also bars the plaintiff's excessive force claim, since that claim necessarily attacks the validity of the disciplinary charge. See: Drummer v. Luttrell, 78 F.Supp.2d 796 (W.D.Tenn. 1999).
Under Sandin, only deprivations that impinge on the duration of confinement can possibly qualify as liberty interests. (Wrong.) The plaintiff's loss of sentence credits is not actionable under Sandin, apparently because something might happen between this incident and the release date, and because there is no constitutional right to earn sentence credits or to be paroled. (Wronger.) But if the loss of sentence credits did have an effect on duration of confinement, the claim would be barred by Balisok.
Balisok also bars the plaintiff's excessive force claim, since that claim necessarily attacks the validity of the disciplinary charge. See: Drummer v. Luttrell, 78 F.Supp.2d 796 (W.D.Tenn. 1999).
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Related legal case
Drummer v. Luttrell
| Year | 1999 |
|---|---|
| Cite | 78 F.Supp.2d 796 (W.D.Tenn. 1999) |
| Level | District Court |
| Injunction Status | N/A |