Abdul-Akbar v. McKelvie

I

Today the majority interprets and applies the “three strikes” rule of the Prison Litigation Reform Act of 1995 (“PLRA”), 28 U.S.C. § 1915(g), in a manner destined to bar the doors of our courts against a disfavored group — indigent prisoners who have resorted unsuccessfully to civil litigation — even with respect to meritorious litigation that may be their sole means of vindicating a fundamental right. Because I believe that this case falls within a statutory exception, as properly interpreted in Gibbs,1 and that the statute, as interpreted and applied by the majority, substantially burdens…