Legal Opinion

David Charles Sussman v. Sgt. Trevor Hampton

Court of Appeals for the Eleventh Circuit

Decided July 14, 2017No. 15-15358UnpublishedCited by 1 opinion

1Per curiam

David Charles Sussman, a Florida prisoner, appeals the dismissal of his pro se 42 U.S.C. § 1983 complaint under the three-strikes provision of the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g). In dismissing Sussmaris complaint, the district court relied on Coleman v. Tollefson, — U.S. —, 135 S.Ct. 1759, 191 L.Ed.2d 803 (2015), which the court concluded applies retroactively. On appeal, Sussman argues that Coleman only applies prospectively. Alternatively, he contends that the district court- erred by dismissing his complaint without affording him the opportunity to pay the…

2Cases cited11 opinions

  1. Jones v. BockSupreme Court of the United States · 2007
  2. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  3. Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
  4. Coleman v. TollefsonSupreme Court of the United States · 2015
  5. Access Now, Inc. v. Southwest Airlines Co.Court of Appeals for the Eleventh Circuit · 2004

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3Cited by1 opinion

  1. Clayton v. EvansDistrict Court, S.D. Georgia · 2019

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