Legal Opinion

Brightwell v. Lehman

Court of Appeals for the Third Circuit

Decided February 9, 2011No. 07-3917PublishedCited by 576 opinions

1Opinion of the Court

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In this appeal we consider whether a prisoner who has been denied in forma pauperis status because he has “three strikes” under 28 U.S.C. § 1915(g) is precluded from obtaining counsel pursuant to § 1915(e)(1). We hold that he is.

I

A

Bob Brightwell was sentenced to life in prison for a robbery and murder he committed in 1975. Since 1977, Brightwell has been housed in various Pennsylvania State Correctional Institutions (SCIs), including SCI-Somerset from May 2003 through January 2004, SCI-Mahanoy from May 2004 through November 2006, and SCIHoutzdale,…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Estelle v. GambleSupreme Court of the United States · 1976
  4. Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
  5. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989

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3Cited by576 opinions

  1. Equal Employment Opportunity Commission v. City of Long BranchCourt of Appeals for the Third Circuit · 2017
  2. Antonio Pearson v. Prison Health ServiceCourt of Appeals for the Third Circuit · 2017
  3. Group Against Smog & Pollution, Inc. v. Shenango Inc.Court of Appeals for the Third Circuit · 2016
  4. Mills v. FischerCourt of Appeals for the Second Circuit · 2011
  5. Jose Cardona v. B. BledsoeCourt of Appeals for the Third Circuit · 2012

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