McAlphin v. Toney.

PositionACCESS TO COURTS - Brief Article

U.S. Appeals Court

IN FORMA PAUPERIS

PLRA -- Prison Litigation Reform Act

McAlphin v. Toney, 281 F.3d 709 (8th Cir. 2002). A pro se inmate who was subject to the "three strikes" provisions of the Prison Litigation Reform Act (PLRA) filed an action alleging inadequate dental care. The district court dismissed the complaint and the inmate appealed. The appeals court reversed, finding that the inmate's complaint sufficiently alleged an imminent danger of serious physical injury that allowed the inmate to proceed in forma pauperis. The...

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