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07/20/2021

Wells v. Warden (Amicus)

The Legal Aid Society joined an amicus brief in the Eleventh Circuit arguing that a dismissal for failure to exhaust administrative remedies is not a “strike” under the Prison Litigation Reform Act (PLRA)’s “three strikes” provision, which requires incarcerated people to pay courts’ full filing fees as an up-front lump sum if they have accumulated three “strikes” for prior dismissed suits. Counting dismissals as a “strike” acts as a de facto ban on litigation, barring meritorious claims. The brief described the harsh economic conditions, including frequent levied fees and expenses, endured by incarcerated individuals.