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Date: 07-03-2025

Case Style:

Joel Aaron Burrell v. S. Shirley, Correctional Officer, et al.

Case Number: 22-CV-716

Judge: T.S. Ellis, III

Court: United States District Court for the Eastern District of Virginia (Fairfax County)

Plaintiff's Attorney: Aasha Rajani

Defendant's Attorney: Department of Justice

Description: Alexandria, Virginia personal injury lawyers represented the Plaintiff on a prisoner civil rights claim.

Under 28 U.S.C. § 1915, federal courts may permit an indigent prisoner to proceed without prepaying filing fees or giving security. The legal term for proceeding this way is in forma pauperis. But Congress expressed concern that prisoners were filing many “frivolous lawsuits flooding the federal courts.” Blakely v. Wards, 738 F.3d 607, 609 (4th Cir. 2013) (en banc). So, in 1996, Congress limited a prisoner’s ability to file lawsuits via the Prison Litigation Reform Act, Pub. L. No. 104-134, secs. 801–10, 110 Stat. 1321-66 through -77 (1996). One of the limitations is known as the three-strike eule. It prohibits a prisoner from bringing a civil action or appeal in forma pauperis if he has, on three prior ccasions while incarcerated, brought an action or appeal that was dismissed for frivolousness, maliciousness or failure to state a claim upon which relief may be granted. See 28 U.S.C. § 1915(g).1 Once a prisoner accumulates three strikes—three actions dismissed on the grounds of frivolousness, maliciousness or failure to state a claim upon which relief may be granted—the prisoner “must prepay the filing fee before proceeding, just like any other plaintiff.” Brunson v. Stein, 116 F.4th 301, 305 (4th Cir. 2024) (citing 28 U.S.C. § 1914(a))

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Prisoner civil rights laws protect incarcerated individuals from unconstitutional treatment and discrimination within correctional facilities. Key protections include the Eighth Amendment's prohibition of cruel and unusual punishment, the Fourteenth Amendment's guarantee of equal protection, and the First Amendment's protection of religious freedom and some aspects of free speech. Prisoners also have the right to due process in disciplinary actions, access to legal counsel and courts, and reasonable accommodations for disabilities. However, these rights are not absolute and can be limited for legitimate penological interests like maintaining security and order.

Key Protections:

Eighth Amendment:
.

Prohibits cruel and unusual punishment, encompassing protection from excessive force, inadequate medical care, and unsafe conditions.
Fourteenth Amendment:
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Ensures equal protection under the law, meaning prisoners cannot be discriminated against based on race, sex, religion, or other protected characteristics.
First Amendment:
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Guarantees the right to practice one's religion and express certain types of speech, although these rights can be restricted in prison for security reasons.
Due Process:
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Prisoners have the right to fair procedures in disciplinary actions and access to legal representation, especially when facing criminal charges within the prison system.
Americans with Disabilities Act (ADA):
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Requires prisons to provide reasonable accommodations for inmates with disabilities.
Prison Rape Elimination Act (PREA):
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Mandates measures to prevent and address sexual violence within correctional facilities.

Limitations on Rights:

While prisoners retain certain rights, they also lose some rights upon incarceration, such as the right to an unrestricted expectation of privacy and the ability to move freely.

Restrictions on rights are often justified by the need to maintain order, safety, and security within the prison environment.

For example, while prisoners have the right to free speech, this right may be limited to prevent the spread of misinformation or incitement of violence.

Legal Recourse:

Prisoners can file lawsuits under 42 U.S.C. § 1983 to challenge violations of their civil rights by state and local officials.

The Prison Litigation Reform Act (PLRA) places restrictions on prisoner lawsuits, requiring exhaustion of administrative remedies before filing suit in federal court and limiting the award of attorney's fees.

Inmates can also file grievances within the prison system to address complaints before seeking legal recourse.

Outcome: Dismissed.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments:



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