Daker v. Jackson, No. 18-11989 (11th Cir. 2019)Annotate this Case
Plaintiff, a Georgia prisoner, appealed the district court's sua sponte dismissal of his 42 U.S.C. 1983 civil rights complaint, alleging that the jail's policy banning hardcover books violated his rights under the First Amendment, due process, and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Plaintiff also alleged the violation of his due process rights when his property was destroyed under a hardcover book ban, and that the jail violated his right of access to the courts because the mailroom returned his legal mail to sender. The district court denied plaintiff's request to proceed in forma pauperis (IFP) and dismissed the complaint under the three strikes bar of the Prison Litigation Reform Act (PLRA).
The Eleventh Circuit affirmed the district court's finding of seven strikes against plaintiff at the time of filing of this action. To the extent plaintiff's challenges to the PLRA were based on access to the courts or equal protection concerns, the court held that these claims were foreclosed by Rivera v. Allin. The court rejected plaintiff's assertion that the three-strikes provision violates the First Amendment's "breathing space" principle. The court explained that, because there was no First Amendment right to access the courts for free, it follows that there was also no First Amendment right to speak in the courts for free and the "breathing space" principle was inapplicable. Furthermore, the principle was not implicated by a rule that determines whether an individual has to pay a filing fee in order to bring a lawsuit, and these were not the types of fundamental interests that would warrant waiver of the filing fee irrespective of plaintiff's status as a three-strikes litigant.