Topic
Every decision we've filed under Civil Rights - PLRA / Prisoner.
The Tenth Circuit dismissed Kevin Tamar Davis's appeal because his appellate brief failed to comply with federal procedural rules. Despite the dismissal, the court granted his motion to proceed in forma pauperis while warning him about the consequences of a third strike under the PLRA.
The Eleventh Circuit dismissed Michael Haspel's appeal sua sponte because the district court's order was not a final judgment. The court held that claims against three defendants remained pending, preventing immediate appellate review under the final judgment rule.
The Eleventh Circuit dismissed Kevin Lamonte Kelly's appeal sua sponte because his notice of appeal was filed four days past the statutory deadline. The court held that the prison mailbox rule did not save the appeal since the filing date still exceeded the 30-day limit set by federal statute.
The Eighth Circuit vacated a district court's dismissal of a prisoner's civil rights action for failure to pay an initial filing fee, ruling that such dismissal constitutes an abuse of discretion when the inmate lacks available funds. The court held that the Prison Litigation Reform Act prohibits barring civil actions solely due to indigence when no assets exist to satisfy the fee requirement.
The Fifth Circuit affirmed the district court's dismissal of Henry Berrocal's pro se complaint under 28 U.S.C. § 1915(e). The appellate court found no reversible error after reviewing the record with the requisite liberal construction afforded to pro se litigants.
The Eleventh Circuit affirmed the district court's rejection of a death row prisoner's Eighth Amendment challenge to Georgia's lethal injection protocol. The court held that the prisoner failed to prove a substantial likelihood of severe pain due to compromised veins and that the district court committed no reversible error in its evidentiary rulings.
The Eleventh Circuit affirmed the dismissal of an inmate's second amended complaint for maliciousness and abuse of the judicial process under the PLRA. The court held that the district court acted within its discretion after the plaintiff failed to disclose his litigation history despite explicit warnings.
The Fourth Circuit dismissed an appeal because the district court's order to file a second amended complaint was not a final, appealable order. The appellate court lacked jurisdiction to hear the case under federal statutes governing final judgments and interlocutory orders.
The Fourth Circuit affirmed the district court's dismissal of Anna Rhodes' civil action against Navy Federal Credit Union for failure to state a claim. The appellate court found no reversible error in the lower court's denial of the motion to remand and the subsequent dismissal.
The Fourth Circuit affirmed the district court's dismissal of a pro se prisoner's civil action for failing to state a claim upon which relief can be granted. The appellate court found no reversible error in the lower court's acceptance of the magistrate judge's recommendation and its subsequent denial of reconsideration.