United States Eleventh Circuit

In a matter under Americans with Disabilities Act (ADA), dismissal of inmate-plaintiff's complaint for continuous infringement of his rights under ADA is reversed in part, vacated in part, and remanded where: 1)the injunction in this case goes beyond what is sufficient to protect the district court-s jurisdiction from plaintiff's repetitive filings related to the conditions of his confinement, and fails to uphold plaintiff-s right of access to the courts; 2) because the ADA claim had at least a plausible chance of success, it had an "arguable basis in law"; 3) plaintiff's factual allegations are also not so fantastical as to be clearly baseless; and 4) plaintiff's lawsuit did not represent abusive litigation warranting dismissal as a sanction.

Appellate Information

• Decided 08/29/2008
• Published 08/29/2008

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, BLACK and EBEL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Sarah M. Shalf (Court-Appointed), Bondurant, Mixson & Elmore, LLP, Atlanta, GA, for Miller.


• For Appellees:
  
• Aaron Bradford Mason, Atlanta, GA, for Defendants-Appellees.