Labor & Employment Law

Three strikes and you are out when prosecuting a federal civil rights claim pursuant to 42 USC 1983

Coleman v Harris et al, USCA 5^th Circuit, No. 07-11174 [Unpublished]

Alvin Coleman, while incarcerated in a prison, sued, contending he had been subjected to ?retaliatory disciplinary? by prison officials. He received court approval to proceed in forma pauperis [IPF] pursuant to the provisions of 42 USC 1915(g) but ultimately the district court dismissed his complaint.

Coleman, appealed, only to lose both his appeal and his IPF status when the Circuit Court of Appeals sustained the district court?s certification that the appeal was not taken in good faith.

The Circuit Court said that the dismissal of Coleman?s appeal as frivolous, together with the district court?s action each count as strikes for purposes of 42 USC § 1915(g), citing Adepegba v. Hammons, 103 F.3d 383. As Coleman has ?one previous strike? involving this litigation, [Coleman v. Wortham, No. 5:00-CV-181-C (N.D. Tex. Aug. 17, 2001), aff?d, 2002WL1860327], the Circuit Court ruled that as ?Coleman has now accumulated three strikes, he is barred from proceeding in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury."

The full text of the decision is posted on the Internet at:

http://www.ca5.uscourts.gov/opinions%5Cunpub%5C07/07-11174.0.wpd.pdf

Full post as published by New York Public Personnel Law on October 30, 2008 (boomark / email).