United States Third Circuit

Held that a federal prisoner could proceed in forma pauperis (IFP) with a lawsuit alleging that prison employees violated his constitutional rights. The district court had denied the prisoner's IFP request, applying the so-called three strikes rule of the Prison Litigation Reform Act. Reversing, the Third Circuit held that the prisoner had not accrued three strikes. The panel used its own precedent to evaluate whether his prior lawsuits were frivolous, malicious, or failed to state a claim, rather than that of the circuit from which the potential strikes emanated.

Appellate Information

• Published 2018/09/07

Judges

• Fuentes

Court

• United States Third Circuit

Counsel