Title

Under the Prison Litigation Reform Act's So-Called Three Strikes Provision, When Does a Dismissal Count as a Strike: Coleman v. Tollefson (13-1333)

Authors

Betsy Ginsberg, Benjamin N. Cardozo School of LawFollow

Files

Description

The Prison Litigation Reform Act of 1996 amended the federal in forma pauperis statute to include, among other provisions, what has become known as the “three strikes provision.” Under this provision, prisoners who have accumulated three strikes—three dismissals of cases that were frivolous, malicious, or failed to state a claim—are no longer permitted to proceed in forma pauperis unless they can show immediate danger of serious physical injury. This case asks the Court to determine whether a dismissal by the district court immediately counts as a strike or whether it does not count until any appeal of the dismissal has been decided or the time to appeal has expired.

Publication Date

2-23-2015

Volume

42

Publisher

Preview of United States Supreme Court Cases

First Page

187

Disciplines

Constitutional Law | Labor and Employment Law | Law | Legislation

Recommended Citation

Betsy Ginsberg, Under the Prison Litigation Reform Act's So-Called Three Strikes Provision, When Does a Dismissal Count as a Strike: Coleman v. Tollefson (13-1333), 42 Preview of United States Supreme Court Cases 187 (2015).
Available at: https://larc.cardozo.yu.edu/faculty-articles/569