In a prisoner Free Exercise case, the U.S. 11th Circuit Court of Appeals has issued an opinion which bars a tactic by which prison officials might obtain dismissal of a prisoner suit without reaching the merits of the case. The so-called "three-strike" provision in 28 U.S.C. § 1915(g) limits an inmate's ability to bring a suit in forma pauperis, i.e. without paying the usual filing fee, if the inmate has previously had three suits dismissed for lack of merit. In Maldonado v. Baker County Sheriff's Office, (11th Cir., Jan. 25, 2022), a three-strike plaintiff (along with a co-plaintiff) filed suit in forma pauperis in Florida state court contending that they were prevented from attending Jummah prayer services. Defendants then removed the case to federal court and sought dismissal under the three-strike provision. The court held
The plain and ordinary meaning of § 1915(g) is clear—it only applies to cases commenced in federal court by a prisoner who sought and was granted in forma pauperis status in that court. As such, § 1915(g) does not apply to actions, like the one here, brought by a three-strikes litigant in state court that was removed to federal court by another party.
