Wilkinson Stekloff recently prevailed in two pro bono matters related to the Prisoner Litigation Reform Act’s (PLRA) three-strikes rule, which bars prisoner plaintiffs from proceeding in a civil action without payment of filing fees, or in forma pauperis, if the prisoner has three or more times brought an action or appeal that was dismissed as frivolous, malicious, or failing to state a claim.
Associates Logan Page and Dhruti Patel represented an incarcerated individual in his appeal challenging the dismissal of an action against Michigan state correctional facility employees who allegedly withheld medical treatment for his multiple sclerosis. In its dismissal, the District Court for the Western District of Michigan found that the three-strikes rule disqualified the client from proceeding in forma pauperis. Logan and Dhruti successfully disputed two of the client’s three assessed strikes, arguing that some of the claims in each action were dismissed on grounds not enumerated in the PLRA. Following Logan’s oral argument, in a unanimous precedential decision authored by Chief Judge Jeffery Sutton, the Court of Appeals for the Sixth Circuit adopted Wilkinson Stekloff’s arguments that the District Court erred in its strike calls, vacating the District Court’s judgment and remanding the case for further proceedings.
Additionally, Associate Jeremy Shur, along with former Associate Guus Duindam, represented an incarcerated individual in his appeal challenging the dismissal of claims against the State of New York and the superintendent of a state correctional facility. As part of its dismissal order, the District Court for the Eastern District of New York issued a strike against the client and determined that it was his third such strike, preemptively barring him from filing further prisoner suits in forma pauperis. Jeremy and Guus persuaded the Court of Appeals for the Second Circuit that the District Court erred in entering a strike at the dismissal stage. The Second Circuit vacated the portion of the judgment applying the three-strikes rule and remanded the case to the District Court, preserving the client’s right to seek in forma pauperis status in future actions.
Wilkinson Stekloff has maintained a deep and lasting commitment to providing pro bono representation. Since its 2016 founding, the firm has handled more than 100 pro bono matters, with the vast majority of its attorneys devoting significant time across areas including family law, immigration, post-conviction representation, appeals, and filing amicus briefs. Wilkinson Stekloff has been recognized by organizations including Chambers and Partners, Capital Pro Bono Honor Roll, DC Volunteer Lawyers Project, Law360 Pulse, and the Los Angeles Center for Law and Justice for making this crucial work a central element of firm life.