AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Prison Litigation Reform Act: Retroactivity
263:168 "Three
strikes" provision of Prison Litigation Reform Act (PLRA), barring
prisoners from proceeding as paupers in further lawsuits after three suits
are dismissed as frivolous, did not apply to prisoner lawsuit pending at
time PLRA became law. Garcia v. Silbert, #96-2154, 141 F.3d 1415 (10th
Cir. 1998).
[N/R] Provision
of Prison Litigation Reform Act requiring full payment of filing fees by
prisoners did not apply retroactively; trial court erred in dismissing
lawsuit as frivolous after accepting partial payment of filing fee without
allowing plaintiff prisoner a chance to cure any defects in his complaint
before dismissal. Church v. Attorney General of Com. of Va., 125 F.3d 210
(4th Cir. 1997).
[N/R] Provision
of Prison Litigation Reform Act allowing court to dismiss lawsuit by prisoner
determined to be frivolous or malicious applies to cases pending prior
to statute's passage; prisoner's claim that correctional officials "smashed"
his property and legal work in retaliation for his writing of a letter
complaining about the lack of "black culture" churches in prison
state valid First Amendment claim. Mitchell v. Farcass, 112 F.3d 1483 (11th
Cir. 1997).
250:154 Filing
fee requirements of Prison Litigation Reform Act applied retroactively
to prisoner's pending appeal, filed before effective date of the statute,
federal appeals court rules. Strickland v. Rankin Co. Correctional Facility,
105 F.3d 972 (5th Cir. 1997).
249:136 Requirement
that prisoner pay filing fee for appeal in civil rights case applied retroactively
to appeal pending at the time Prison Litigation Reform Act became effective.
Moreno v. Collins, 105 F.3d 955 (5th Cir. 1997).
242:23 Federal
appeals court rules that Prison Litigation Reform Act of 1996 applies retroactively
to plaintiff prisoner's pending appeal as a pauper of dismissal of federal
civil rights lawsuit as frivolous. Marks v. Solcum, 98 F.3d 494 (9th Cir.
1996)
238:147 Federal
Prison Litigation Reform Act becomes law, makes numerous changes in prison
litigation, including scope of injunctive orders, standards for termination
of injunctive orders, amount of attorneys' fees, standard for prisoner
release orders in overcrowding cases, prisoner payment of filing fees and
court costs, barring inmates who repetitively file frivolous suits from
further filings, no awards for mental/emotional distress in the absence
of physical injury, and revocation of federal prisoner's good time credits
if they file malicious lawsuits or testify falsely, among other highlights.