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Seventh Circuit Holds Dismissal of Lawsuit Removed to Federal Court Cannot Count as PLRA “Strike”
Loaded on Jan. 1, 2022
published in Prison Legal News
January, 2022, page 61
On December 22, 2020, the U.S. Court of Appeals for the Seventh Circuit held that when a lawsuit is removed to federal court from state court and then dismissed for failure to state a claim upon which relief can be granted, the dismissal cannot be counted as one of the ...
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More from this issue:
- Criminal Sheriffs, by Anthony Accurso
- From the Editor, by Paul Wright
- $150,000 Paid to Family of California Pretrial Detainee Who Died from Valley Fever, by David Reutter
- $650,000 Jury Verdict Upheld in NY Prisoner’s Excessive-Force Claim; Motion for Fees Denied Due to Contingency Agreement, by David Reutter
- St. Louis Jail Guard Charged with Allowing Brutal Beating of Prisoner, by Jayson Hawkins
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- Former AZ Assistant AG Disciplined for Misconduct in Muslim Prisoner’s Lawsuit, by Douglas Ankney
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- California Federal Prison Warden Charged with Sexually Abusing Prisoner
- Montana Renews CoreCivic Contract; Major Water and Sewage Problems Persist, by Jayson Hawkins
- California Town Fighting to Keep Prison Open, by Keith Sanders
- Should Sentencing Juries Consider Imprisonment Costs?, by Edward Lyon
- Prosecutors Move to Close Case Against BOP Guards in Jeffrey Epstein Suicide, by Edward Lyon
- HRDC Advances in Suit Against Centurion to Obtain New Mexico Prisoner Medical Litigation Records, by David Reutter
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- Feds Declare Long COVID a Disability Under ADA, RA and ACA, by Edward Lyon
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- News in Brief
More from these topics:
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Ninth Circuit Says Federal Prisoner in California May Have Bivens Claim for Delays in Medical Care Allegedly to Cover Up Assault by BOP Guard, April 1, 2024. Retaliation for Filing Grievances, Failure to Protect (General), Guard Brutality/Beatings, Pepper Spray/Tear Gas, Dismissal, Medical Treatment/Expenses.
- 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).
- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, Jan. 1, 2024. Skin, Failure to Treat, Infections, Qualified Immunity, Medical Expenses/Treatment, Dismissal, Deliberate Indifference.
- $20,000 Paid to Florida Prisoner After Eleventh Circuit Finds PLRA Inapplicable to Claims DOC Removed to Federal Court, Dec. 1, 2023. Settlements, Prison Litigation Reform Act (PLRA).
- Seventh Circuit Revives Indiana Prisoner’s Claim Over Dismissed Grievance, Dec. 1, 2023. Grievances, Dismissal.
- 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.
- 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.