Legal Opinion

Medberry v. Butler

Court of Appeals for the Eleventh Circuit

Decided August 23, 1999No. 97-4516PublishedCited by 391 opinions

1Opinion of the Court

RICHARD MILLS, Senior District Judge:

This appeal raises two issues, one of which is an issue of first impression in this Circuit.

The first issue raised is whether the “three strikes” in forma pauperis provision of 28 U.S.C. § 1915(g) violates the United States Constitution’s guarantee against ex post facto laws.

The second issue raised — the one which is of first impression — is what showing must a prisoner with three strikes against him make in order to be allowed to proceed in forma pauperis because he is in imminent danger of serious physical injury.

We affirm.

I. BACKGROUND

Daniel C. Medberry…

2Cases cited7 opinions

  1. Kenneth Jay Wilson v. Lewis Yaklich, United States of America, Intervenor-Appellee. Kenneth Jay Wilson v. Mary SanfordCourt of Appeals for the Sixth Circuit · 1998
  2. Ricky Ashley v. E. Dilworth, Co-1, Maximum Security UnitCourt of Appeals for the Eighth Circuit · 1998
  3. Burger King Corp. v. WeaverCourt of Appeals for the Eleventh Circuit · 1999
  4. Rivera v. AllinCourt of Appeals for the Eleventh Circuit · 1998
  5. John W. Banos v. Michael O'guin, Captain, Jeffery Catoe Richard PillotCourt of Appeals for the Fifth Circuit · 1998

2 more not listed; retrieve them via the Exa API.

3Cited by391 opinions

  1. Andrews v. CervantesCourt of Appeals for the Ninth Circuit · 2007
  2. Dawn Ball v. FamiglioCourt of Appeals for the Third Circuit · 2013
  3. William A. Dupree v. R. W. PalmerCourt of Appeals for the Eleventh Circuit · 2002
  4. Pettus v. MorgenthauCourt of Appeals for the Second Circuit · 2009
  5. John Ruddin Brown v. Lisa JohnsonCourt of Appeals for the Eleventh Circuit · 2004

386 more not listed; retrieve them via the Exa API.

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