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Eleventh Circuit
Mary Lynne Werlwas John Boston
Patterson Belknap Webb & Tyler LLP Brennan Center for Justice Florida Justice Institute Human Rights Defense Center Southern Center for Human Rights Southern Poverty Law Center Professor Brett Dignam Professor William P. Quigley
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.