Case Citator › Hafed v. Federal Bureau of Prisons

Hafed v. Federal Bureau of Prisons

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Tenth Circuit
Citation
635 F.3d 1172
Decided
Confirmed treatments
1
Flagged citations read
33 of 33
Citing cases (total)
33
Treatment dates
2015

Status

Abrogated
A reviewed court treats this case as abrogated by later authority. Hafed v. Federal Bureau of Prisons was abrogated in part by Coleman v. Tollefson. Hafed required appellate review to end before a qualifying dismissal counted as a Prison Litigation Reform Act strike; the Supreme Court held that the dismissal counts even while an appeal is pending.
More on how this was screened

The confirmed treatment is listed below. Later opinions, including Carr v. Zwally, recognize this change while continuing to apply Hafed's other rules. All 33 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

33 later cases cite Hafed v. Federal Bureau of Prisons; 33 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Hafed v. Federal Bureau of Prisons?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • A qualifying dismissal counts as a Prison Litigation Reform Act strike while its appeal is pending, displacing Hafed's rule that a strike waits for appellate review to end.

    Coleman v. Tollefson · Supreme Court of the United States · filed

    We conclude that the courts must count the dismissal even though it remains pending on appeal.
    Read the full opinion on CourtListener →

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