SCOTUS seeks to curb frivolous indigent prisoner lawsuits.
It’s a bit off-topic but in a decision released by the Supreme Court of the United States today (Lomax v. Ortiz-Marquez) the court limited a pro se prisoner’s ability to bring lawsuits if they have previously had cases dismissed. Not quite sure how we feel about this one. On one hand anything that limits an individual’s access to the courts to redress a grievance is concerning. On the other hand, courts are so bogged down by prisoner lawsuits and so much bad case law is created from people who file stuff without knowing what they are doing, this might help those more meritorious claims.
The case clarified the 1996 Prison Litigation Reform Act’s “three strikes” provision, 28 U.S.C. § 1915(g), absent “imminent danger of serious physical injury,” prisoners may not file or appeal a federal civil action in forma pauperis if they have had three or more federal civil actions or appeals “dismissed on the grounds that [they were] frivolous, malicious, or fail[ed] to state a claim.”? At issue is whether “dismissed” includes a dismissal without prejudice. The court said it does.
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Well it is no different when F.A.C’s lawyers try to do the Ex Post facto case and some other law firms file it first and mess it up like recently happened.
Sometimes the many mess it up for the few and the few mess it up for the many. If this passes perhaps we will all have harder hurdles to conquer.
This bill, if considered law would cause more loss of life, more cause of police brutality, as well as more loss of basic human rights than any other legislature! There are prisoners who have been beaten nearly to death whose claims have been considered to have “no merit” by the director of IL DOC, John Baldwin, and Sarah Johnson, Administrative Review Board, Office of Inmate Issues despite the injuries being documented by at least 7 health care professionals! By all accounts, the 52-year old inmate was handcuffed at his housing unit where he complained of dizziness and temporary blindness with no physical injury and ended up at segregation unit ten minutes later with 4 rib fractures, concussion, clothes ripped to shreds and skin torn off his body in at least seven locations after being pushed to the ground so he would hit his head on the sidewalk, then dragged down the sidewalk and kicked in the ribs repeatedly! Inmate became blind and had blood pressure of 64/40. Radiologist Heath McLaughlin confirmed 4 broken ribs. ER Doctor, Jose Cris Del Rosario confirmed injuries were from an assault, ER nurse Lisa Fish, RN confirmed the injuries and threats by officers to falsify report, which she did not do. Advanced Life support team from Brown County Ambulance as well as prison nurse S. Moore confirmed blindness and blood pressure of 64/40. The Officer behind the injuries in 2017 is no other than Alex Banta who killed Larry Earvin in 2018 exactly the same way! Larry Earvin’s injuries are also consistent with being dragged down the sidewalk and kicked in the ribs. Larry had 15 broken ribs consistent with the Alex Banta boot of death and also abrasions all over his body, consistent with being dragged down a sidewalk. https://www.dailyherald.com/article/20181117/news/311179889 Later that week in 2017 inmate was placed in one handcuff only on one hand. Officer twisted the handcuff until thumb was paralyzed and had no feeling for over a year. Inmate had no access to grievance forms or a telephone to contact a lawyer or family and mail including legal mail was flushed down the toilet after being signed for. Now, if inmate complaints were limited, it would be open season for abuse to new inmates who dared complain earlier they were not issued bedding, were not fed when they missed lunch due to being sent to health care or other so called frivolous complaints. This legislation cost hundreds of people their lives each year!