2020 Georgia Code
Title 42 - Penal Institutions
Chapter 12 - Prison Litigation Reform
§ 42-12-7.2. Number of Forma Pauperis Actions Limited
In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was dismissed on the grounds that such action was frivolous or malicious, unless the prisoner is under imminent danger of serious physical injury.
(Code 1981, §42-12-7.2, enacted by Ga. L. 1999, p. 847, § 3; Ga. L. 2000, p. 136, § 42; Ga. L. 2017, p. 673, § 3-4/SB 149.)
The 2017 amendment, effective July 1, 2017, near the middle, inserted "or of the United States" and deleted "subsequently" preceding "dismissed".
Law reviews.- For note on 1999 enactment of this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).
JUDICIAL DECISIONS
Previously dismissed federal lawsuits not counted under three strikes provision.
- Trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405 (2016).
