Wright v. Brown

The trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the Georgia Prison Litigation Reform Act for the purpose of his request to proceed in forma pauperis in his suit filed in superior court.

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Willie Wright, Jr., an inmate in the Macon State Prison acting pro se, filed suit in the Superior Court of Wilcox County against State prison officials, alleging claims under State tort law and 42 USC § 1983, and requesting to proceed in forma pauperis “IFP” so as to waive filing fees. The defendants filed a traverse to Wright’s IFP request, arguing that his numerous previously dismissed federal lawsuits counted as strikes under the Georgia Prison Litigation Reform Act “PLRA”1 and, thus, barred him from proceeding IFP in this matter. The trial court agreed and dismissed the case without prejudice. On appeal, Wright contends, inter alia, that the court erred in ruling that his previously dismissed federal lawsuits count as strikes under the Georgia PLRA. We agree and, therefore, reverse the court’s ruling and remand the case for further proceedings consistent with this opinion.

The undisputed record shows that since 2010, Wright has been an inmate incarcerated in the Macon State Prison and is serving a 20-year sentence. Over the course of the last five years, Wright filed seven lawsuits in the United States District Court for the Middle District of Georgia against various prison officials, all of which were dismissed. In the sixth such lawsuit,2 Wright sued 14 State officials, alleging, inter alia, that he suffered injuries when Antonio Brown, a prison guard, stomped on his hand, and that prison staff failed to provide adequate medical treatment for that injury. Nevertheless, on January 27, 2014, the district court dismissed Wright’s suit without prejudice on the ground that it was barred by the “three strikes rule” of the federal Prison Litigation Reform Act.3

Wright v. Brown

The trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the Georgia Prison Litigation Reform Act for the purpose of his request to proceed in forma pauperis in his suit filed in superior court.

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