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Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal
Loaded on July 31, 2015
by Lonnie Burton
published in Prison Legal News
August, 2015, page 53
Filed under:
Administrative Exhaustion (PLRA),
Frivolous Litigation (PLRA),
Failure to Protect (Transgender).
Location:
California.
Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal
by Lonnie Burton
On January 7, 2015, the Ninth Circuit Court of Appeals held that a pro se prisoner litigant who had accumulated three strikes under 28 U.S.C. § 1915(g) for filing frivolous lawsuits must demonstrate that ...
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More from this issue:
- Greenwashing Washington State’s Prison System in a River of Sewage, by Rick Anderson
- Inside the Shadowy Business of Prison Phone Calls, by Eric Markowitz
- Tennessee Prisoners Suing Private Prisons Not Required to File in Local Venue, by David Reutter
- News in Brief
- CA: Persons on Community Supervision Eligible to Seek Transfer to Another State, by Lonnie Burton
- Final Class-Action Settlement Pending in “Kids for Cash” Scandal
- Prisoners Released When Jails Can’t Feed Them, by Mark Wilson
- Investigation Forces Arizona Clemency Board Chairman to Resign, by Joe Watson
- Kentucky Jail Prisoners Make Mattresses, by David Reutter
- Notorious Psych Ward at Miami-Dade Jail Finally Shuttered, by David Reutter
- Ninth Circuit Finds Graham v. Florida Retroactive; 254-Year Sentence Unconstitutional, by Mark Wilson
- Does Political Spending by Private Prison Firms in Oklahoma Influence Prison Reform?, by Joe Watson
- Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample, by David Reutter
- Three Strikes Litigant Required to Show Ongoing “Imminent Danger” to Proceed on Appeal, by Lonnie Burton
- Failure to State Rationale in Denying Appointment of Counsel was Abuse of Discretion
- Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion, by Mark Wilson
- Ninth Circuit Finds that ICE Detention After Indictment Counts Against Sentence, by Derek Gilna
- Supreme Court Strikes Down Ban on Short Beard for Muslim Prisoner, by Derek Gilna
- Alaska High Court Reaffirms Negligence Standard to Protect Prisoners from Harm, by David Reutter
- Controversy Surrounds Shackling of Dying and Comatose Prisoners in UK, by Matthew Clarke
- Who Owns Private Prison Stock?, by Alex Friedmann
- Tenth Circuit: Ignoring Prisoner’s Severe Pain Precludes Qualified Immunity, by Mark Wilson
- Supreme Court Rules Qualified Immunity Shields Prison Officials from Suicide Claim, by Derek Gilna
- Report Finds Two-Thirds of Private Prison Contracts Include “Lockup Quotas”, by Joe Watson
- $1.15 Million for Florida Pretrial Detainee’s Death, by David Reutter
- Virginia Must Improve Prison Medical Care Under Proposed Class-action Settlement, by David Reutter
- Jury Awards $12,000 to Connecticut Prisoner for Unsanitary Mattress, by David Reutter
- UN Commission Approves Mandela Rules on Treatment of Prisoners, by David Fathi
- North Carolina Prisoner, Victim of Sexual Assault, Awarded One Dollar in Damages
- Two Names Added to Monument Memorializing Slain Prosecutors, by Matthew Clarke
- Pell Grants for Prisoners: New Bill Restores Hope of Reinstating College Programs, by Christopher Zoukis
- Peer-Review Reports Must be Disclosed in Philadelphia Jail Conditions Suit, by David Reutter
- Supreme Court Voids ACCA’s Residual Clause in Landmark Decision, by Derek Gilna
- San Diego Deputies Faulted for Jail Death, by Christopher Zoukis
- Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal, by Matthew Clarke
- $3,000 Jury Award to Arizona Prisoner Denied Prostate Care, by David Reutter
- Second Circuit Unseals Jail Conditions Settlement Compliance Reports; Public Has First Amendment Right of Access, by Mark Wilson
- Alabama Courts Must Review Substance of Claim Despite Pleading’s Title, by David Reutter
- $750,000 Settlement in New Mexico “Controlled Seating” Lawsuit, by Matthew Clarke
- West Virginia City Settles Suit over Jail Prisoner’s Death for $460,000, by Matthew Clarke
- Minnesota DOC Sued Over Failure to Provide New Hepatitis C Treatment Protocol, by Greg Dober
- UK Prison Cook Awarded $160,000 for Back Injury, by Derek Gilna
- Michigan: $8 Million Settlement after Prisoner’s Baby Born with Brain Damage, by Shepherd Litsey
- From the Editor, by Paul Wright
- Persistent, Ongoing Environmental Violations at Washington’s Walla Walla Prison, by Panagioti Tsolkas
More from Lonnie Burton:
- Ninth Circuit: Washington Civil Rights Suit Not Tolled by State Presentment Statute, Jan. 31, 2018
- California Agency Addresses In-person Visits at Jails after Governor Vetoes Bill, Jan. 8, 2018
- New York Times Reveals Racial Bias Rampant in Upstate New York Prisons, Jan. 8, 2018
- Report Slams Takeover of Washington DOC Food Services by Correctional Industries, Jan. 8, 2018
- Solitary to the Streets: Studies Find Such Releases Result in Higher Recidivism Rates, Violent Behavior, Jan. 8, 2018
- $4,000 for Injuries After Prison Staff Ignore Bottom Bunk Directive, Jan. 3, 2018
- $5,000 to Transgender Prisoner in Maryland Sexual Harassment Lawsuit, Jan. 3, 2018
- $4,000 Awarded to Subject of Esquire Article, Jan. 3, 2018
- $5.75 Million Payout in Death of Rikers' Prisoner Denied Medical, Jan. 3, 2018
- South Carolina S.C. Refuses to Order Defendant Maimed from Jail to Psych Hospital, Jan. 3, 2018
More from these topics:
- Sixth Circuit Sets Up Circuit Split with Ruling on Michigan Prisoner’s PLRA Exhaustion Dispute, Oct. 15, 2024. Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Transgender BOP Prisoner in Arizona Wins $10,243 for Guard’s Negligence, Oct. 15, 2024. Guard Misconduct, Settlements, Failure to Protect (Transgender), Negligence/Reckless Endangerment.
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Transgender Maryland Prisoner’s Suit Accuses Guard of Shower Rape, July 1, 2024. Staff-Prisoner Assault, Transgender, Failure to Protect (Transgender).
- 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).
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby, Feb. 1, 2024. Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.