AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
Back to list of subjects Back to Legal Publications Menu
Prison Litigation Reform Act: Retroactivity
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
[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.
Back to list of subjects Back
to Legal Publications Menu