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DC Circuit Court: “Three Strike” Prisoners Must Show Imminent Danger to File Lawsuits
by David M. Reutter
The D.C. Circuit Court of Appeals held that to proceed under the Prison Litigation Reform Act’s (PLRA) three-strikes exception, the three-strike prisoner must demonstrate that he or she faced imminent danger when filing the lawsuit and upon filing the notice of appeal. The court also held ...
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More from this issue:
- Debit Card Issuers Still Prey on People Released from Prisons and Jails: HRDC Lawsuits Challenge Companies in Court, by Andrew Stewart
- Arkansas Governor Hutchinson Grants Commutation for Blind Mother, by Kevin Bliss
- From the Editor, by Paul Wright
- $6 Million Payout in Montana Wrongful Conviction Case, by Derek Gilna
- NBA Owner Capitalizes on Mass Incarceration; Players Silent, by Matthew Clarke
- University of Florida Still Using Prison Labor, But End in Sight, by Kevin Bliss
- Texas Disguising Deaths in Custody, by Diana Claitor
- Administrator of “Whitey” Bulger’s Estate Sues BOP Over His Murder, by Derek Gilna
- North Carolina Case Involving Death of Black Prisoner: “I Can’t Breathe,” Revisited, by Edward Lyon
- Cost of Communicating with Prisoners Breaking Family Budgets During Pandemic, by David Reutter
- New Jersey Releases 2,258 Prisoners to Combat COVID-19 Spread, by David Reutter
- Pennsylvania Prisoner Off Death Row After 33 Years, by David Reutter
- Innovative Vermont Prison Superintendent’s Demotion for Sexist Language Proves Controversial, by Jayson Hawkins
- Another Prisoner’s Needless Death, Another Lawsuit at LaSalle-Run Texarkana Jail, by Matthew Clarke
- Federal Judge Approves $25 Million Class Action Settlement Against Global Tel*Link, by Derek Gilna
- The Latest on COVID-19: Will Vaccines be Available Soon?, by Michael D. Cohen, MD
- Former Prisoners Testify on Abuse at Notorious New Jersey Women’s Prison, by Kevin Bliss
- Fifth Circuit Order Denies Texas Prisoners Hand Sanitizer and Cleaning Supplies, by Derek Gilna
- The Role of Prosecutors in Mass Incarceration, by Jayson Hawkins
- California Passes Bill Allowing ICE Detainees to Sue Private Contractors, by Kevin Bliss
- COVID-19 Deaths in Jails, Prisons Exceed Number of Deaths by Execution From 1990 to Present, by Derek Gilna
- Missouri Executes Prisoner During COVID-19 Crisis, by Edward Lyon
- For Some Faiths in Los Angeles County Jails, Volunteer Chaplains Are in Short Supply, by Douglas Ankney
- $5.9 Million Settlement in Death of Transgender Prisoner at New York’s Rikers Island, by Matthew Clarke
- Connecticut Prisoner Commits Suicide With COVID-19 Protective Mask, by Kevin Bliss
- Prisoners Exonerated in Michigan After Police Misconduct Revealed, by Edward Lyon
- Woman Sues Mississippi Parole Board for Discrimination and Retaliation, by Anthony Accurso
- Maine Jail Gets a Pass for Using Pepper Spray on Mentally Ill Prisoners, by Daniel A. Rosen, Kevin Bliss
- Privatized Food Service Problems at Pennsylvania’s Allegheny County Jail, by Jayson Hawkins
- $177,500 Settlement in Lawsuit Over Five Louisiana Prisoners Pepper-Sprayed While Handcuffed, by Matthew Clarke
- California Appellate Court Orders 50% Reduction in San Quentin Population Over Fears of COVID-19 Spread, by David Reutter
- COVID-19 Lockdowns in Prisons Affecting Post-Secondary Education, by Kevin Bliss
- Indiana Prisoner Has First Amendment Retaliation Claims Rejected by Seventh Circuit Court of Appeals, by Casey Bastian
- Nine Months Later, DOJ Still Hasn’t Provided Senator Rubio With Answers About Rampant Sexual Abuse at Women’s Prisons, by Douglas Ankney
- Members of Congress Probe Pentagon on Accreditation of Military Prisons, by Douglas Ankney
- COVID-19 in the Country’s Largest Female Prison, by Edward Lyon
- $11 Million Settlement in Illinois for Three Men Freed From Prison in Wrongful Convictions, by Anthony Accurso
- Activists Call to Shut Down Illinois Prison, by David Reutter
- Suicides in New York SHUs Surge to Epidemic Levels, by Keith Sanders
- California Jail Prisoner Loses Limbs, but Faces Setback in Lawsuit Alleging Medical Neglect, by Edward Lyon
- Teen Spends 17 Months in Mississippi Jail Without Indictment, by Daniel A. Rosen
- COVID-19 Strikes Alaskan Prison, by Kevin Bliss
- California First State to Eliminate Post-Prison Fees, by Jayson Hawkins
- Julian Assange’s Potential Fate in U.S. Prisons, by Jayson Hawkins
- Families Must Pay for Cremation Bill of Loved Ones Who Die in Prison, by Kevin Bliss
- Fifth Circuit Reinstates Texas Jail Suicide Lawsuit, by Matthew Clarke
- Seventh Circuit Affirms Dismissal of Illinois Prisoner’s Lawsuit Alleging Dental Care Negligence, by David Reutter
- Former Transgender Prisoner Fights for LGBTQ Rights in Massachusetts Prisons, by Kevin Bliss
- Eighth Circuit Reverses Dismissal of Iowa Prisoner’s ADA Claim, by David Reutter
- Third Circuit Reinstates Claims by Immigration Detainee in GEO-Operated Prison Seeking to Marry U.S. Citizen, by Matthew Clarke
- Nebraska Supreme Court Rules Execution Drug Documents Subject to Disclosure, by Matthew Clarke
- DC Circuit Court: “Three Strike” Prisoners Must Show Imminent Danger to File Lawsuits, by David Reutter
- Whistleblower Claims Female Detainees at Privately Run Georgia ICE Facility Had Forced Hysterectomies, by Dale Chappell
- New Documentary Released on Forced Sterilizations of Female Prisoners, by Edward Lyon
- Maine Superspreader: Few Masks at Wedding Lead to Big Problems at Prison, by Jayson Hawkins
- News in Brief
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, Dec. 15, 2023. U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements.
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, Dec. 15, 2023. Parole, Three Strikes, Juvenile Offenses/Offenders, Sentences - Corrections or Modifications of.
- Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts, Sept. 1, 2023. Three Strikes, Three Strikes Statutes/Rule, Concurrent and Consecutive Sentences.
- California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019, June 15, 2023. Three Strikes, Credits.
- Fourth Circuit Says Three-Strikes Federal Prisoner’s Imminent Danger Claim Must Be Evaluated on ‘Totality of Circumstances’, Feb. 1, 2023. Combination of Factors/Totality of Circumstances, Prison Litigation Reform Act (PLRA), Imminent Danger Exception.
- Advancing Stage of HCV Triggers Imminent Danger Exception to PLRA Three Strikes Rule, July 1, 2021. Hepatitis, Imminent Danger Exception.
- Beyond Harsh: 86 Mississippi Prisoners Serving Life Without Parole for Nonviolent Offenses, Sept. 1, 2020. U.S. Sentencing Guidelines, Three Strikes.
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020. COVID-19, Imminent Danger Exception.
- Federal Circuit Affirms Dismissal of Prisoner's Non-Prison Lawsuit Under PLRA's 3-Strikes Rule, Even Though Unrelated to Prison Conditions, March 15, 2020. Totality of Conditions, PLRA, Three Strikes.
- New York District Court Erred in Applying “Three Strike” Rule to Dismissals, Jan. 8, 2020. Three Strikes.