Parker v. Montgomery County Correctional Facility

Parker, an indigent prisoner and prolific pro se litigant, initiated about 40 civil matters over a short period of time. In 2014, Parker filed suit, claiming that officials subjected him to false arrest, malicious prosecution, and the use of excessive force during his 2011 arrest, and sought to proceed in forma pauperis (IFP). The court granted the IFP motion and considered the case under the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(g), which directs a court to dismiss a case “at any time” if it determines that the “action or appeal is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune from such relief.” The court concluded that Parker’s claims were time-barred and dismissed the complaint with prejudice. This was Parker’s first strike under the PLRA “three strikes” rule. which limits a prisoner’s ability to proceed IFP if the prisoner abuses the judicial system by filing frivolous actions. Parker’s next strikes arose from the dismissals, as “frivolous,” of two 2015 civil rights complaints. The Third Circuit affirmed, stating that an indigent prisoner appealing a district court’s imposition of his “third strike” may not proceed IFP for that appeal without demonstrating that he is in imminent danger of serious physical injury. View "Parker v. Montgomery County Correctional Facility" on Justia Law