United States Ninth Circuit

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Olivas v. State of New Jersey, 15-17123

In an action brought by a former prisoner, alleging violations of the Eighth Amendment and various state laws for injuries he suffered and the medical treatment he received after he was struck by shotgun pellets that officers fired in an attempt to quell an inmate altercation, the district court's dismissal of the complaint is reversed where: 1) the Prison Litigation Reform Act (PLRA), 28 U.S.C. section 1915A, the applies only to claims brought by individuals incarcerated at the time they file their complaints; and 2) because plaintiff was not so incarcerated, his claims should not have been subjected to section 1915A screening.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/19

Judges

  • PER CURIAM

Court

  • United States Ninth Circuit

Counsel


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