Supreme Court to Inmate: Three Strikes and You’re Out!

In Coleman v. Tollefson, 135 S. Ct. 1759 (2015), the Supreme Court held that a district court’s dismissal of an inmate’s complaint under 28 U.S.C. § 1915(g)—frivolous, malicious, or fails to state a claim—counts as a “strike” for purposes of determining an inmate’s eligibility for in forma pauperis (IFP) status, even if the dismissal is the subject of a pending appeal. Thus, even though Coleman’s third-strike dismissal was pending on appeal, he could not proceed IFP on several subsequently filed lawsuits.

Tags: Case Update, Prison Litigation