June 8, 2020, 8:16 pm
It’s a bit off-topic but in a decision released by the Supreme Court of the United States today (Lomax v. Ortiz-Marquez) the court limited a pro se prisoner’s ability to bring lawsuits if they have previously had cases dismissed. Not quite sure how we feel about this one. On one hand anything that limits an individual’s access to the courts to redress a grievance is concerning. On the other hand, courts are so bogged down by prisoner lawsuits and so much bad case law is created from people who file stuff without knowing what they are doing, this might help those more meritorious claims.
The case clarified the 1996 Prison Litigation Reform Act’s “three strikes” provision, 28 U.S.C. § 1915(g), absent “imminent danger of serious physical injury,” prisoners may not file or appeal a federal civil action in forma pauperis if they have had three or more federal civil actions or appeals “dismissed on the grounds that [they were] frivolous, malicious, or fail[ed] to state a claim.”? At issue is whether “dismissed” includes a dismissal without prejudice. The court said it does.
The post SCOTUS seeks to curb frivolous indigent prisoner lawsuits. appeared first on Florida Action Committee.
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