The inside of a prison

Daker v. Jackson: Three Strikes and Breathing Space: Does the PLRA Violate a Prisoners Rights to Access the Courts, Breathing Space, and Equal Protection?

Trent Testa*

Photo Credit: https://www.mentalfloss.com/article/57085/whats-difference-between-prison-and-jail

In Daker v. Jackson, the Eleventh Circuit Court of Appeals affirmed the decision of the district court to dismiss Waseem Daker’s complaint, determining that Daker had at least three strikes under the Prison Litigation Reform Act (PLRA) and that Daker’s challenge to the constitutionality of § 1915(g) failed. In support of his first claim, Daker alleged that the seven dismissals used by the district court in determining his three strike status were errors. Second, Daker challenged the “three-strike” provision’s constitutionality, asserting that it violates the First Amendment’s “breathing space” principle because it does not provide a margin of error and punishes pro se litigants for honest mistakes. The court addressed both claims in turn.

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