Prisoner Needn’t Prepay Fees to Appeal Third Strike Ruling

Indigent prisoner Therl Taylor may appeal the dismissal of his civil rights claims without paying filing fees, despite a rule that seeks to limit frivolous prisoner lawsuits, an appeals court ruled July 18.

The Prison Litigation Reform Act’s three strikes rule doesn’t prevent Taylor from appealing with in forma pauperis status, the U.S. Court of Appeals for the Fourth Circuit said in a split decision.

Under the rule, prisoners can’t bring suits IFP if they have, on three or more occasions, brought a federal suit that was dismissed because it was frivolous, malicious, or failed to state a claim upon ...