MITCHELL v. GOINGS

No. 20-30672.

37 F.4th 169 (2022)

Gator MITCHELL, Plaintiff-Appellant, v. Sergeant Robert GOINGS; Sergeant John Craine; Sergeant Gary King; Captain Brink Hillman; Warden Robert Tanner; Louisiana State, through Louisiana Department of Public Safety and Corrections, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 9, 2022.


Attorney(s) appearing for the Case

Amir H. Ali , Roderick & Solange MacArthur Justice Center, Washington, DC, Donna Unkel Grodner, Esq. , Grodner & Associates, A.P.L.C., Baton Rouge, LA, for Plaintiff-Appellant.

Andre' Charles Castaing , Louisiana Department of Justice, Litigation Division, Baton Rouge, LA, Angela Jacketti O'Brien , Office of the Attorney General for the State of Louisiana, New Orleans, LA, for Defendant-Appellee Robert Goings.

Darren A. Patin, Esq. , Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, LA, for Defendant-Appellee John Craine.

Guice Anthony Giambrone, III, Esq. , Jacob Kenneth Best , Blue Williams, L.L.C., Metairie, LA, for Defendant-Appellee Gary King.

Dennis J. Phayer , Gregory Charles Fahrenholt , Burglass & Tankersley, L.L.C., Metairie, LA, for Defendant-Appellee Brink Hillman.

Allen J. Krouse, III , Frilot, L.L.C., New Orleans, LA, for Defendants-Appellees Robert Tanner and Louisiana State, through Louisiana Department of Public Safety and Corrections.

Before Jones, Stewart, and Duncan, Circuit Judges.


Gator Mitchell appeals the dismissal of his claims as barred by 28 U.S.C. § 1915(g), colloquially known as the "three strikes" provision of the Prison Litigation Reform Act of 1995 ("PLRA"). That provision is inapplicable because Mitchell's claims were removed to, as opposed to brought in, federal court. We therefore...

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