11th circuit

White v. Lemma – THE THREE-STRIKES PROVISION DOES NOT PRECLUDE DISMISSAL ON THE MERITS AND WITH PREJUDICE

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Ben Brown*

If a prisoner’s claim requires dismissal under the “three-strikes provision” but is also frivolous or unmeritorious, must the court dismiss the claim without prejudice or may it opt to dismiss the claim on the merits with prejudice instead?  This question was presented to the Eleventh Circuit in White v. Lemma.  The Eleventh Circuit concluded that “though a court must procedurally dismiss without prejudice the claim of a prisoner who has struck out under the three-strikes provision and failed to pay the filing fee, the court may also consider the merits to dismiss the case with prejudice instead.”

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CAMBRIDGE CHRISTIAN SCHOOL, INC. V. FLORIDA HIGH SCHOOL ATHLETIC ASSOCIATION, INC.: PRAYER IN HIGH SCHOOL ATHLETICS

Colton Bassett*

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           For Cambridge Christian School (Cambridge), prayer before football games is a “long standing tradition.”  A student, parent, or school employee delivers a prayer over a loudspeaker at all home events and at away events when possible.  However, at the 2015 Florida Division 2A high school state championship game, against University Christian School (University), Cambridge was denied the use of the loudspeaker by the Florida High School Athletic Association (FHSAA).  This decision prompted Cambridge to bring a lawsuit, raising claims under the Free Speech and Free Exercise Clauses of both the United States and Florida Constitutions. 

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