Escalera v. Samaritan Village, No. 17-2441 (2d Cir. 2019)Annotate this Case
The Second Circuit vacated the district court's dismissal of plaintiff's pro se 42 U.S.C. 1983 complaint under the three strikes provision of the Prison Litigation Reform Act (PLRA). The court held that the district court erred in determining that plaintiff had accrued three strikes under the PLRA, because one action was dismissed for a remedial procedural defect; the district court did not grant summary judgment against plaintiff in a second action based on the grounds enumerated in the PLRA; and the third action was dismissed on both PLRA and non-PLRA grounds. Therefore, three of the five cases at issue did not count as strikes. Accordingly, the court remanded for further proceedings.