Legal Opinion
James McAlphin v. R. Toney
Court of Appeals for the Eighth Circuit
Decided February 20, 2002No. 01-2016EAPublishedCited by 2 opinions
1Opinion of the Court
*710RICHARD S. ARNOLD, Circuit Judge.
This case is about the interpretation of 28 U.S.C. § 1915(g), commonly known as the “three strikes” provision. The question presented is whether plaintiffs complaint, considered merely as a matter of pleading, sufficiently alleged “imminent danger of serious physical injury” within the meaning of the statute. We hold that it did, and therefore reverse the order of the District Court, which dismissed the complaint before service of process.
The statute provides as follows:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or…
2Cases cited3 opinions
- Harold Henderson v. Larry Norris, Director, Arkansas Department of Correction David Guntharp, Assistant Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1997
- Ricky Ashley v. E. Dilworth, Co-1, Maximum Security UnitCourt of Appeals for the Eighth Circuit · 1998
- Beck v. LaFleurCourt of Appeals for the Eighth Circuit · 2001
3Cited by2 opinions
- McALPHIN v. TONEYCourt of Appeals for the Eighth Circuit · 2002
- McALPHIN v. TONEYCourt of Appeals for the Eighth Circuit · 2004