Castillo-Alvarez v. Krukow, No. 14-2263 (8th Cir. 2014)
Annotate this CasePlaintiff, a Minnesota inmate, sought leave to proceed in forma pauperis (IFP) in a suit under 42 U.S.C. 1983. The district court denied IFP status and dismissed the complaint because plaintiff had three strikes within the meaning of 28 U.S.C. 1915(g). The third case the district court relied on was dismissed under 28 U.S.C. 1915A(b)(2) after it was determined that the only named defendant was entitled to prosecutorial immunity. The court held that dismissals based on immunity are not among the types of dismissals listed as strikes in section 1915(g) and, therefore, the dismissal of this action is not a strike under section 1915(g). Accordingly, the court vacated and remanded for further proceedings.
Court Description: Prisoner case - Prisoner civil rights. One of the cases the district court relied upon in determining plaintiff had three-strikes was a dismissal based on immunity, and dismissals based on immunity are not among the types of dismissals listed as strikes in section 1915(g); as a result, the court erred in determining plaintiff had three strikes and the dismissal is vacated. [ October 08, 2014
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.