Daker v. Ward, No. 17-13384 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit affirmed the district court's dismissal without prejudice of plaintiff's 42 U.S.C. 1983 action against the State of Georgia, the Georgia Department of Corrections (GDC), and about 42 correctional officials.
The court agreed with its sister circuits that a plaintiff's duplicative complaint is an abuse of the judicial process and is properly dismissed without prejudice as malicious under the Prison Litigation Reform Act (PLRA). The court explained that, given plaintiff knowingly filed the third complaint at issue here containing claims duplicative of claims he had already asserted in two other pending civil actions, and in light of his history as a prolific serial filer, the district court did not abuse its discretion by dismissing this third complaint without prejudice as malicious under 28 U.S.C. 1915A(b)(1). The court also concluded that the district court did not err in alternatively dismissing plaintiff's complaint as barred by the three strikes provision of the PLRA where the complaint as a whole does not sufficiently allege that plaintiff was under imminent danger of serious physical injury.