Washington v. Los Angeles County Sheriff's Department

This appeal addresses the application of the Prison Litigation Reform Act of 1995’s (PLRA) “three-strikes” rule, 28 U.S.C. § 1915 (g), to Plaintiff William Washington’s action against the Los Angeles County Sheriffs Department, Lee Baca, and the Twin Towers Correctional Facility (collectively, Defendants). The PLRA’s “three-strikes” rule prohibits a prisoner from filing an action in forma pauperis (IFP) if he has accumulated three “strikes” for pri- or federal-court actions while incarcerated or in detention, unless he is “under imminent danger of serious physical injury.” Id. A prisoner can incur a “strike” for bringing an action “that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” Id.

Washington, a California state prisoner, requested leave to file suit IFP against Defendants. The district court denied Washington’s IFP request on the basis that he had accrued at least three prior “strikes” under § 1915(g). The district court also found that Washington’s complaint failed to adequately plead “imminent danger of serious physical injury” within the meaning of § 1915(g). Because we hold that the…