Olivas v. Nevada, No. 15-17123 (9th Cir. 2017)
Annotate this CaseSection 1915A of the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915A, applies only to claims brought by individuals incarcerated at the time they file their complaints. Plaintiff, a former prisoner, filed suit against defendants, alleging violations of the Eighth Amendment and various state laws for injuries he suffered, and the medical treatment he received, after he was struck by shotgun pellets that officers fired. The district court dismissed the complaint. In this case, plaintiff was not incarcerated at the time he filed the complaint and thus should not have been subjected to Section 1915A screening. Therefore, the Ninth Circuit reversed and remanded.
Court Description: Prisoner Civil Rights. The panel reversed the district court’s dismissal of a complaint brought by a former prisoner and remanded for further proceedings. The panel held that the Prison Litigation Reform Act, 28 U.S.C. § 1915A, applies only to claims brought by individuals incarcerated at the time they file their complaints. Because plaintiff was not so incarcerated, his claims should not have been subjected to § 1915A screening.
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