Dismissal Under Heck Counts as PLRA ‘Strike’

A dismissal of a prisoner’s civil rights action on the basis of the favorable-termination rule of Heck v. Humphrey, 512 U.S. 477 (1994), counts as a “strike” for purposes of the Prison Litigation Reform Act, the U.S. Court of Appeals for the District of Columbia Circuit held Aug. 12. (In re Jones)

Although the PLRA generally allows prisoners to proceed in forma pauperis, the three-strikes provision, 28 U.S.C. §1915(g), precludes that status “if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in ...